CIVIL  SERVICE  LAW 


AND 


STATE  CIVIL  SERVICE  RULES  AND 
REGULATIONS 


AS  AMENDED  TO  MAY  10,  1910 


Published  by  the  State  Civil  Service  Commission 


ALBANY 

J.  B.  LYON  COMPANY,  STATE  PRINTERS 
1910 


COMMISSIONERS 


Charles  F.  Milliken,  President Canandaigua. 

John  E.  Kraft Kingston. 

Roscoe  C.  E.  Brown New  York. 


John  C.  Birdseye Secretary. 

Ha.rold  N.  Saxton Chief  Examiner. 


CIVIL  SERVICE  LAW 


CHAPTER  15,  LAWS  OF  1909. 


AN  ACT  in  relation  to  the  civil  service  of  the  state  of  New  York  and  the 
civil  divisions  and  cities  thereof,  constituting  chapter  seven  of  the  con- 
solidated laws. 

CHAPTER  SEVEN  OF  THE  CONSOLIDATED  LAWS. 


CIVIL  SERVICE  LAW. 


Article 

1. 

Short  title;  definitions  (§§  1,  2). 

2. 

General  provisions  (§§  3-28). 

3. 

Classification  of  state  employees  (§§  40-45). 

4. 

Laws  repealed;  when  to  take  effect  (§§  60,  61 

ARTICLE  1. 

Short  Title;  Definitions. 

Section 

1. 

Short  title. 

2. 

Definitions. 

§ 1.  Short  title. — This  chapter  shall  be  known  as  the  “ Civil  Service  Law.” 
§ 2.  Definitions.—  When  used  in  this  chapter, 

1.  The  term  “commission”  or  “state  commission”  means  the  state  civil 
service  commission. 

2.  The  term  “ municipal  commission  ” means  the  municipal  civil  service 
commission  of  a city. 

3.  The  “ civil  service  ” of  the  state  of  New  York  or  any  of  its  civil  divisions 
or  cities  includes  all  offices  and  positions  of  trust  or  employment  in  the 
service  of  the  state  or  of  such  civil  division  or  city,  except  such  offices  and 
positions  in  the  militia  and  the  military  departments  as  are  or  may  be  created 
under  the  provisions  of  article  eleven  of  the  constitution. 

4.  The  “ state  service  ” shall  include  all  such  offices  and  positions  in  the 
. service  of  the  state  or  of  any  of  its  civil  divisions  except  a city. 

5.  The  “ city  service  ” shall  include  such  positions  in  the  service  of  any  city. 

6.  The  term  “ appointing  officer  ” signifies  the  officer,  commission,  board  or 
body  having  the  power  of  appointment  to  subordinate  positions  in  any  office, 
court,  department,  commission,  board  or  institution. 


4 


ARTICLE  2. 

General  Provisions. 

Section  3.  State  civil  service  commission. 

4.  Officers  and  employees  of  tlie  commission. 

5.  Rooms  and  accommodations. 

6.  The  powers  and  duties  of  the  commission. 

7.  Attendance  of  witnesses;  fees. 

8.  Duties  of  public  officers. 

9.  Unclassified  service ; classified  service. 

10.  Rules  for  the  classified  state  service. 

11.  The  classified  city  service. 

12.  Classification. 

13.  The  exempt  class. 

14.  The  competitive  class. 

15.  Exceptions  from  competitive  examination. 

1G.  Promotion;  transfer;  reinstatement;  reduction. 

17.  The  non-competitive  class. 

18.  The  labor  class  in  cities. 

19.  Official  roster;  reports  of  appointing  officers. 

20.  Disbursing  officers. 

21.  Preferences  allowed  honorably  discharged  soldiers,  sailors  and 

marines. 

22.  Power  of  removal  limited. 

23.  Compensation  of  veterans  reinstated  by  order  of  the  courts. 

24.  Misdemeanor  to  obstruct  right  of  examination;  false  representa- 

tion; impersonation  in  examination. 

25.  Recommendations  for  appointment  or  promotion. 

26.  Political  assessments  prohibited. 

27.  Officers  or  candidates  not  to  promise  influence;  “public  officer” 

and  “ public  employee  ” defined. 

28.  Taxpayer’s  action. 

§ 3.  State  civil  service  commission. — The  governor  is  authorized  to  ap- 
point, by  and  with  the  advice  and  consent  of  the  senate,  three  persons,  not  more 
than  two  of  whom  shall  be  adherents  of  the  same  political  party,  as  civil  serv- 
ice commissioners,  and  said  three  commissioners  shall  constitute  the  state  civil 
service  commission.  They  shall  hold  no  other  official  place  under  the  state 
of  New  York.  The  governor  may  remove  any  commissioner,  and  any  vacancy 
in  the  position  of  commissioner  shall  be  so  filled  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  as  to  conform  to  said  conditions 
for  the  first  selection  of  commissioners.  The  three  commissioners  shall  each 
receive  a salary  of  three  thousand  dollars  a year,  and  each  of  said  com- 
missioners shall  be  paid  his  necessary  traveling  expenses  incurred  in  th*» 
discharge  of  his  duty  as  a commissioner. 

§ 4.  Officers  and  employees  of  the  commission. — The  commission  may 
elect  one  of  its  members  to  be  president,  and  may  employ  a chief  examiner, 
a secretary,  and  such  other  officers,  clerks  and  examiners  as  it  may  deem 
necessary  or  proper  to  carry  out  the  purposes  of  this  chapter,  and  such 


employees  shall  hold  office  during  the  pleasure  of  the  commission.  The  chief 
examiner  shall  be  entitled  to  receive  a salary  at  the  rate  of  three  thousand 
six  hundred  dollars  a year,  and  he  shall  be  paid  his  necessary  traveling 
expenses  incurred  in  the  discharge  of  his  duty.  The  secretary,  and  other 
officers,  clerks  and  examiners  shall  receive  salaries  to  be  fixed  by  the  com- 
mission, and  the  secretary  shall  also  be  paid  his  necessary  traveling  expenses 
incurred  in  the  discharge  of  his  duty.  The  commission  may  select  suitable 
persons  in  the  official  service  of  the  state  or  any  of  its  civil  divisions,  after 
consulting  the  head  of  the  department  or  office  in  which  such  persons  serve, 
to  act  as  examiners  under  its  direction.  Persons  so  selected  shall  be  entitled 
to  compensation  from  the  commission  for  their  necessary  expenses  occasioned 
by  the  service  acually  rendered,  in  addition  to  the  regular  service  required 
in  the  department  or  office  where  they  are  regularly  employed.  The  com- 
pensation of  examiners  shall  not  exceed  five  dollars  per  day,  except  in  the 
case  of  special  and  expert  examiners  employed  in  the  preparation  of  questions 
and  rating  of  candidates;  the  commission  shall  not  expend  or  authorize  the 
expenditure  of  moneys  for  any  purpose  in  excess  of  the  sums  appropriated 
therefor  by  law. 

§ 5.  Rooms  and  accommodations.- — It  shall  be  the  duty  of  the  trustees 
of  public  buildings  to  cause  suitable  and  convenient  rooms  and  accommoda- 
tions to  be  assigned  or  provided,  and  to  be  furnished,  heated  and  lighted,  at 
the  capitol  in  the  city  of  Albany,  for  carrying  on  the  work  and  examinations 
of  said  commission,  and  said  commission  may  order  the  necessary  stationery, 
postage  stamps,  and  official  seal  and  other  articles  to  be  supplied,  and  the 
necessary  printing  to  be  done  for  its  official  use.  It  shall  be  the  duty  of  the 
officers  of  the  state  of  New  York  or  of  any  civil  division  thereof,  at  any 
place  where  examinations  are  directed  by  the  commission  or  its  rules  to  be 
held,  to  allow  the  reasonable  use  of  public  buildings,  and  to  heat  and  light 
the  same  for  holding  such  examinations,  and  in  all  proper  ways  to  facilitate 
the  same. 

§ 6.  The  powers  and  duties  of  the  commission. — The  state  civil'  service 
commission  shall 

1.  Prescribe,  amend  and  enforce  suitable  rules  and  regulations  for  carrying 
into  effect  the  provisions  of  this  chapter  and  of  section  nine  of  article  five 
of  the  constitution  of  the  state  of  New  York,  as  herein  provided.  The  rules 
prescribed  by  the  state  and  municipal  commissions  pursuant  to  the  provisions 
of  this  chapter  shall  have  the  force  and  effect  of  law. 

2.  Keep  minutes  of  its  own  proceedings  and  records  of  its  examinations 
and  other  official  action. 

3.  Make  investigations  concerning  and  report  upon  all  matters  touching 
the  enforcement  and  effect  of  the  provisions  of  this  chapter  and  the  rules 
and  regulations  prescribed  thereunder,  concerning  the  action  of  any  examiner 
or  subordinate  of  the  commission  and  any  person  in  the  public  service,  in 
respect  to  the  execution  of  this  chapter,  and  in  the  course  of  such  investiga- 
tions each  commissioner  and  the  secretary  and  the  chief  examiner  shall  have 
power  to  administer  oaths. 

4.  Have  power  to  subpoena  and  require  the  attendance  in  this  state  of 
witnesses  and  the  production  thereby  of  books  and  papers  pertinent  to  the 


investigation  and  inquiries  hereby  authorized  and  to  examine  them  and  such 
public  records  as  it  shall  require  in  relation  to  any  matter  which  it  is 
required  to  investigate.  And  for  the  purposes  of  the  examination  hereby 
directed,  the  commission  possesses  all  the  powers  conferred  by  the  legislative 
law  upon  a committee  of  the  legislature  or  by  the  code  of  civil  procedure 
upon  a board  or  committee,  and  may  invoke  the  power  of  any  court  of  record 
in  the  state  to  compel  the  attendance  and  testifying  of  witnesses  and  the 
production  thereby  of  books  and  papers  as  aforesaid. 

5.  Make  an  annual  report  to  the  governor  for  transmission  to  the  legis- 
lature, showing  its  own  action,  the  rules  and  regulations  and  the  exceptions 
thereto  in  force,  and  the  practical  effects  thereof  and  any  suggestions  it  may 
approve  for  the  more  effectual  accomplishment  of  the  purposes  of  this  chapter. 

6.  Meet  in  Albany  at  least  one  in  each  calendar  month,  except  the  month 
of  August,  and  hold  such  other  meetings  as  the  needs  of  the  public  service 
may  require.  A majority  of  the  members  of  the  commission  shall  constitute 
a quorum. 

§ 7.  Attendance  of  witnesses;  fees. — Witnesses  and  officers  to  subpoena 
and  secure  the  attendance  of  witnesses  before  said  commission,  shall  be  en- 
titled to  the  same  fees  as  are  allowed  witnesses  in  civil  cases  in  courts  of 
record.  Such  fees  need  not  be  prepaid,  but  the  comptroller  shall  draw  his 
warrant  for  the  payment  of  the  amount  thereof,  when  the  same  shall  have 
been  certified  to  by  the  president  to  the  commission,  and  duly  proved  by 
affidavit  or  otherwise  to  the  satisfaction  of  the  said  comptroller;  and  all 
state,  county,  town,  municipal  and  other  officers  and  their  deputies,  clerks, 
subordinates  and  employees  shall  afford  the  said  board  all  reasonable  facilities 
in  conducting  the  inquiries  specified  in  this  chapter,  and  give  inspection  to 
said  board  of  all  books,  papers  and  documents  belonging,  or  in  any  way 
appertaining  to  the  respective  offices,  and  shall  also  produce  said  books  and 
papers,  and  shall  attend  and  testify  when  required  to  do  so  by  said  com- 
mission. 

§ 8.  Duties  of  public  officers. — It  shall  be  the  duty  of  all  officers  of  the 
state  of  New  York  or  of  any  civil  division  or  city  thereof  to  conform  to  and 
comply  with  and  to  aid  in  all  proper  wavs  in  carrying  into  effect  the  pro- 
visions of  this  chapter,  and  the  rules  and  regulations  prescribed  thereunder 
and  any  modification  thereof.  No  officer  or  officers  having  the  power  of 
appointment  or  employment  shall  select  or  appoint  any  person  for  appoint- 
ment, employment,  promotion  or  reinstatement  except  in  accordance  with  the 
provisions  of  this  chapter  and  the  rules  and  regulations  prescribed  thereunder. 
Any  person  employed  or  appointed  contrary  to  the  provisions  of  this  chapter 
or  of  the  rules  and  regulations  established  thereunder,  shall  be  paid  by  the 
officer  or  officers  so  employing  or  appointing,  or  attempting  to  employ  or 
appoint  him,  the  compensation  agreed  upon  for  any  services  performed  under 
such  appointment  or  employment,  or  in  case  no  compensation  is  agreed  upon, 
the  actual  value  of  such  services,  and  any  expenses  incurred  in  connection 
therewith,  and  shall  have  a cause  of  action  against  such  officer  or  officers  or 
any  of  them  for  such  sum  or  sums  and  for  the  costs  of  the  action.  No  public 
officer  shall  be  reimbursed  by  the  state  or  any  of  its  civil  divisions  for  any 
sums  so  paid  or  recovered  in  any  such  action. 


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§ 9.  Unclassified  service;  classified  service. — The  civil  service  of  the  state 
and  of  each  of  its  civil  divisions  and  cities  shall  be  divided  into  the  un- 
classified service  and  the  classified  service.  The  unclassified  service  shall  com- 
prise all  elective  offices,  all  offices  filled  by  election  or  appointment  by  the 
legislature  on  joint  ballot;  all  persons  appointed  by  name  in  any  statute; 
all  legislative  officers  and  employees,  all  offices  filled  by  appointment  by  the 
governor,  either  upon  or  without  confirmation  by  the  senate,  except  officers 
and  employees  in  the  executive  offices;  all  election  officers,  the  head  or  heads 
of  any  department  of  the  government,  and  persons  employed  in  or  who  seek 
to  enter  the  public  service  as  superintendents,  principals  or  teachers  in  a 
public  school  or  academy  or  in  a state  normal  school  or  college.  The  classified 
service  shall  comprise  all  positions  not  included  in  the  unclassified  service. 
All  appointments  or  employments  in  the  classified  service,  except  those  of 
veterans  of  the  civil  war,  honorably  discharged  from  the  military  or  naval 
service  of  the  United  States,  shall  be  for  a probationary  term  not  exceeding 
the  time  fixed  in  the  rules. 

§ 10.  Rules  for  the  classified  state  service. — The  commission  shall  from 
time  to  time  make  rules  for  the  classification  of  the  offices,  places  and  em- 
ployments in  the  classified  service  of  the  state,  and  from  time  to  time  rules 
for  the  classification  of  the  offices,  places  anid  employments  in  such  civil 
divisions  thereof,  except  cities,  as  after  due  inquiry  by  the  commission  shall 
be  found  practicable,  and  for  appointments  and  promotions  therein  and 
examinations  therefor,  not  inconsistent  with  the  constitution  and  the  pro- 
visions of  this  chapter,  and  shall  amend  the  same  from  time  to  time.  No 
examination  or  registration  shall  be  required  of  persons  to  be  employed  as 
laborers  in  the  state  service.  Such  rules  and  any  modifications  thereof,  shall 
take  effect  when  approved  by  the  governor.  Due  notice  of  the  contents  of 
such  rules,  and  of  any  modifications  thereof,  shall  be  given  by  mail  to  ap- 
pointing officers  and  heads  of  departments  affected  thereby,  and  such  rules 
shall  be  printed  for  public  distribution.  Subject  to  the  provisions  of  this 
chapter  and  of  the  rules  established  thereunder,  the  commission  shall  make 
regulations  for  and  have  control  of  examinations  for  the  service  of  the  state 
and  the  civil  divisions  thereof,  except  cities,  and  shall  supervise  and  preserve 
the  records  of  the  same,  but  such  examinations  shall  be  held  at  least  once 
a year  in  each  of  the  following  places:  Albany,  Amsterdam,  Auburn,  Bing- 
hamton, Buffalo,  Dunkirk,  Elmira,  Geneva,  Hornell,  Ithaca,  Jamestown,  Johns- 
town, Kingston,  Lockport,  Malone,  Middletown,  Newburgh,  New  York, 
Ogdensburg,  Olean,  Oneonta,  Oswego,  Plattsburg,  Poughkeepsie,  Rochester, 
Saratoga,  Syracuse,  Utica  and  Watertown;  and  shall  cover  in  each  place 
all  offices  and  positions  for  which  competitive  examinations  are  required,  ex- 
cept such  examinations  as  require  special  tools,  machinery,  appliances  or 
laboratory  facilities. 

§ 11.  The  classified  city  service.— The  mayor  of  each  city  in  this  state 
shall  appoint  and  employ  suitable  persons  to  prescribe,  amend  and  enforce 
rules  for  the  classification  of  the  offices,  places  and  employments  in  the 
classified  service  of  such  city,  and  for  appointments  and  promotions  therein 
and  examinations  therefor;  and  for  the  registration  and  selection  of  laborers 
for  employment  therein,  not  inconsistent  with  the  constitution  and  the  pro- 


8 


visions  of  this  chapter,  and  shall  amend  the  same  from  time  to  time.  Such 
persons  shall  be  municipal  civil  service  commissioners  and  shall  constitute 
the  municipal  civil  service  commission  of  such  city.  All  appointments  or 
designations  of  municipal  civil  service  commissioners  shall  be  made  in  such 
manner  that  not  more  than  two-thirds  of  such  commissioners  in  any  city  shall 
at  any  time  be  adherents  of  the  same  political  party.  Such  rules  herein  pre- 
scribed and  established,  and  all  regulations  now  existing  for  appointment  and 
promotion  in  the  civil  service  of  said  city,  and  any  subsequent  modification 
thereof,  whether  prescribed  under  the  authority  of  a general  law  or  of  any~~ 
special  or  local  law,  shall  be  valid  and  take  or  continue  in  effect  only  up,on 
the  approval  of  the  mayor  of  the  city  and  of  the  state  civil  service  com-  / 
misEiom -'--The  authority  by  this  section  comerrcd  snail  not  be  so  exercised  as/ 
to  take  from  any  policeman  or  fireman  any  right  or  benefit  conferred  by| 
law,  or  existing  under  any  lawful  regulation  of  the  department  in  which 
he  serves.  All  examinations  herein  authorized  shall  be  public,  and  all  rules 
shall  be  published,  and,  with  all  the  proceedings  and  papers  connected  with 
said  examinations,  shall  be  at  all  times  subject  to  the  inspection  of  said  state 
commission  and  its  agents ; and  said  commission  shall  set  forth  in  its  report 
the  character  and  practical  effects  of  such  examinations,  together  with  its 
views  as  to  the  improvement  and  extension  of  the  same,  and  also  copies  of 
all  rules  made  under  the  authority  hereby  conferred.  Subject  to  the  pro- 
visions of  this  chapter  and  of  said  rules,  the  municipal  commission  of  any 
city  shall  make  regulations  for  and  have  control  of  examinations  and  registra- 
tions for  the  service  of  such  city,  and  shall  supervise  and  preserve  the  records 
of  the  same.  In  case  for  any  reason,  the  mayor  of  any  city  within  sixty  days 
after  he  has  the  power  to  appoint,  fails  to  appoint  such  municipal  com- 
missioners, the  state  commission  shall  appoint  them  to  hold  office  until  the 
expiration  of  the  term  of  the  mayor  then  in  office  and  until  their  successors 
are  appointed  and  qualify.  It  shall  be  the  duty  of  such  persons  to  prepare 
and  to  procure  the  approval  of  the  rules  herein  provided  for,  and,  if  they 
fail  to  do  so  within  sixty  days  after  their  appointment,  the  state  commission 
shall  forthwith  make  said  rules.  It  shall  be  the  duty  of  such  persons  to  make 
reports  from  time  to  time  to  the  state  commission,  whenever  said  commission 
may  request,  of  the  manner  in  which  this  law,  and  the  rules  and  regulations 
thereunder,  have  been  and  are  administered,  and  the  results  of  their  adminis-  ( 
tration  in  such  city,  and  of  such  other  matters  as  said  commission  may  re- 
quire, and  annually  on  or  before  the  fifteenth  day  of  January,  to  make  such  a 
report  of  said  commission;  and  it  shall  be  the  duty  of  said  state  commission 
in  its  annual  report  to  set  out  either  these  reports,  or  a sufficient  abstract 
or  summary  thereof,  to  give  full  and  clear  information  as  to  their  contents. 
A copy  of  the  roster  of  the  classified  civil  service  of  such  city  shall  be  trans- 
mitted to  the  state  commission  with  the  annual  report  aforesaid,  and  shall 
be  filed  in  the  office  of  said  commission  as  a public  record.  The  mayor  may  / 
at  any  time  remove  any  municipal  civil  service  commissioner  appointed  by  V 
him.  Said  state  commission  may  also,  by  unanimous  vote  of  the  three  com- 
missioners, with  the  written  approval  of  the  governor,  remove  any  municipal 
civil  service  commissioner  appointed  or  employed  under  the  authority  of  this 
section,  for  incompetency,  inefficiency,  neglect  of  duty  or  violation  of  the 
provisions  of  this  chapter,  or  of  the  rules  and  regulations  in  force  thereunder, 
or  of  any  of  them,  specifying  in  writing  the  particulars  of  the  incompetency, 


9 


inefficiency,  neglect  of  duty  or  violation  charged,  and  filing  the  same  as  a 
public  document  in  the  office  of  the  city  clerk,  or  if  there  be  no  city  clerk, 
in  the  office  of  the  clerk  of  the  board  of  aldermen,  and  a certified  transcript 
thereof  in  the  office  of  the  state  civil  service  commission,  first  giving  such 
commissioner  an  opportunty  to  make  a personal  explanation  in  self-defense. 
Whenever  a municipal  civil  service  commissioner  has  been  removed  by  the 
unanimous  vote  of  the  three  state  commissioners,  with  the  written  approval 
of  the  governor,  or  whenever  any  municipal  commissioner  shall  resign  or 
be  removed  by  the  mayor  pending  an  investigation  by  the  state  commission 
of  the  administration  of  the  civil  service  of  the  city  in  which  such  person 
is  a municipal  commissioner,  or  whenever  any  municipal  commissioner  shall 
resign  or  be  removed  by  the  mayor  pending  a hearing  by  the  state  com- 
mission of  charges  preferred  against  such  municipal  commissioner,  the  state 
commission  and  not  the  mayor  of  such  city  shall  have  power  to  appoint 
persons  to  fill  such  vacancies,  and  such  persons  so  appointed  by  the  state 
commission  shall  hold  office  as  municipal  civil  service  commissioners  of  such 
city  until  the  expiration  of  the  term  of  the  mayor  then  in  office  and  untif 
their  successors  are  appointed  and  qualify.  Said  state  commission  may  at 
any  time,  by  unanimous  vote  of  the  three  commissioners,  amend  or  rescind 
any  rule,  regulation  or  classification  prescribed  under  the  provisions  of  this 
section,  provided  that  said  state  commission  shall  state  the  reasons  for  such 
action  in  writing,  and  file  the  same  and  a certified  transcript  thereof  as  a 
public  document  as  hereinbefore  provided,  and  give  an  opportunity  to  the 
municipal  civil  service  commissioners  concerned  to  make  a personal  explana- 
tion and  to  file  papers  in  opposition  to  such  action.  The  said  state  commis- 
sion, however,  shall  not  take  such  action  upon  any  ground  other  than  that 
the  provisions  or  purposes  of  this  chapter  are  not  properly  or  sufficiently 
carried  out  by  such  rule,  regulation  or  classification,  nor  without  specifying 
in  writing  and  detail  in  what  particular  such  provisions  or  purposes  are  not 
carried  out,  nor  shall  said  state  commission  exempt  from  competitive  examina- 
tion any  position  or  place  or  employment  in  any  city  without  the  consent 
of  the  municipal  commission  of  such  city. 

§ 12.  Classification. — The  offices  and  positions  in  the  classified  service 
of  the  state  or  of  any  civil  division  or  city  thereof  for  which  civil  service 
rules  shall  be  established  pursuant  to  this  chapter,  shall  be  arranged  in 
four  classes  to  be  designated  as  the  exempt  class,  the  competitive  class,  the 
non-competitive  class  and,  in  cities,  the  labor  class. 

§ 13.  The  exempt  class. — The  following  positions  shall  be  included  in  the 
exempt  class: 

1.  The  deputies  of  principal  executive  officers  authorized  by  law  to  act  gen- 
erally for  and  in  place  of  their  principals; 

2.  One  secretary  of  each  officer,  board  and  commission  authorized  by  law 
to  appoint  a secretary; 

3.  One  clerk,  and  one  deputy  clerk  if  authorized  by  law,  of  each  court, 
and  one  clerk  of  each  elective  judicial  officer: 

4.  In  the  state  service,  all  unskilled  laborers  and  such  skilled  laborers  as 
are  not  included  in  the  competitive  class  or  the  non-competitive  class;  and 
in  addition  thereto  there  may  be  included  in  the  exempt  class  all  other  sub- 


10 


ordinate  offices  for  tlie  filling  of  which  competitive  or  non-competitive  examina- 
tion may  be  found  to  be  not  practicable.  But  no  office  or  position  shall  be 
deemed  to  be  in  the  exempt  class  unless  it  is  specifically  named  in  such  class 
in  the  rules,  and  the  reasons  for  each  such  exemption  shall  be  stated  separately 
in  the  annual  reports  of  the  commission.  Not  more  than  one  appointment 
shall  be  made  to  or  under  the  title  of  any  such  office  or  position,  unless  a 
different  number  is  specifically  mentioned  in  such  rules.  Appointments  to 
positions  in  the  exempt  class  may  be  made  without  examination. 

§ 14.  The  competitive  class. — The  competitive  class  shall  include  all  posi- 
tions for  which  it  is  practicable  to  determine  the  merit  and  fitness  of  appli- 
cants by  competitive  examination,  and  shall  include  all  positions  now  exist- 
ing, or  hereafter  created,  of  whatever  functions,  designations  or  compensation, 
in  each  and  every  branch  of  the  classified  service,  except  such  positions  as  are 
in  the  exempt  class,  the  non  competitive  class  or  the  labor  class.  Appoint- 
ments shall  be  made  to  or  employment  shall  be  given  in  all  positions  in  the 
competitive  class  tnat  are  not  filled  by  promotion,  reinstatement,  transfer  or 
reduction  under  the  provisions  of  this  chapter  and  the  rules  in  pursuance 
thereof,  by  appointment  from  among  those  graded  highest  in  open  competitive 
examinations  conducted  by  the  state  or  municipal  commission,  except  as  herein 
otherwise  provided.  The  term  of  eligibility  shall  be  fixed  for  each  eligible 
list  at  not  less  than  one  nor  more  than  four  years.  Appointment  shall 
be  made  from  the  eligible  list  most  nearly  appropriate  for  the  group  in 
which  the  position  to  be  filled  is  classified,  and  a new  list  shall  be  created 
for  a stated  position  or  group  of  positions  only  when  there  is  no  appropriate 
list  existing  from  which  appointment  may  be  made.  No  person  shall  be 
appointed  or  employed  under  any  title  not  appropriate  to  the  duties  to  be 
performed,  and  no  person  shall  be  transferred  to,  or  assigned  to  perform  the 
duties  of,  any  position  subject  to  competitive  examination,  unless  he  shall 
have  previously  passed  an  open  competitive  examination  equivalent  to  that 
required  for  such  position,  or  unless  he  shall  have  served  with  fidelity  for  at 
least  three  years  in  a similar  position.  Appointments  to  positions  in  the 
state  service,  the  duties  of  which  are  confined  to  a locality  outside  of  Albany 
county,  shall,  so  far  as  practicable,  be  made  from  residents  of  the  judicial 
district  including  such  locality.  The  examinations  shall  be  public  and  shall 
be  practical  in  their  character  and  shall  relate  to  those  matters  which  will 
fairly  test  the  relative  capacity  and  fitness  of  the  persons  examined  to  dis- 
charge the  duties  of  that  service  into  which  they  seek  to  be  appointed.  Such 
commissions  shall  prepare  lists  of  preliminary  requirements  and  subjects  of 
examination  for  the  several  positions  or  groups  of  positions  in  the  competitive 
class  and  shall  publish  its  rules  and  such  information,  and  advertise  such 
examinations  in  such  manner  as  the  nature  of  the  examinations  may  require. 
Each  of  such  commissions  shall  require  intending  competitors  to  file  in  its 
office  a reasonable  length  of  time  before  the  date  of  any  examination,  a formal 
application  in  which  the  applicant  shall  state  under  oath : 

1.  His  full  name,  residence  and  post-office  address. 

2.  His  age,  the  place  and  date  of  his  birth. 

3.  His  health  and  physical  capacity  for  the  public  service. 

4.  His  right  of  preference  by  reason  of  military  or  naval  service. 

5.  His  business  or  employment,  and  residence  for  at  least  the  previous  five 
years. 


11 


6.  Such  other  information  as  may  reasonably  be  required  touching  the 
applicant’s  merit  and  fitness  for  the  public  service. 

Blank  forms  for  such  application  shall  be  furnished  by  said  commissions 
without  charge  to  all  persons  requesting  the  same.  Such  commissions  may 
require  in  connection  with  such  application  such  certificates  of  citizens,  physi- 
cians, public  officers  or  others  having  knowledge  of  the  applicant,  as  the  good 
of  the  service  may  require.  Such  commissions  may  refuse  to  examine  an 
applicant,  or  after  examination  to  certify  an  eligible,  who  is  found  to  lack 
any  of  the  established  preliminary  requirements  for  the  examination  or 
position  for  which  he  applies;  or  who  is  physically  so  disabled  as  to  be 
rendered  unfit  for  his  performance  of  the  duties  of  the  position  to  which  he 
seeks  appointment;  or  who  is  addicted  to  the  habitual  use  of  intoxicating 
beverages  to  excess;  or  who  has  been  guilty  of  a crime  or  of  infamous  or 
notoriously  disgraceful  conduct;  or  who  has  been  dismissed  from  the  public 
service  for  delinquency  or  misconduct;  or  who  has  intentionally  made  a false 
statement  of  any  material  fact,  or  practiced,  or  attempted  to  practice,  any 
deception  or  fraud  in  his  application,  in  his  examination,  or  in  securing  his 
eligibility  or  appointment.  When  the  position  to  be  filled  involves  fiduciary 
responsibility,  the  appointing  officer,  where  permitted  by  law,  may  require 
the  appointee  to  furnish  a bond  or  other  security  and  shall  notify  the  state 
or  municipal  commission  of  the  amount  and  necessary  details  thereof. 

§ 15.  Exemptions  from  competitive  examination. — Positions  in  the  com- 
petitive class  may  be  filled  without  examination  as  follows: 

1.  Whenever  there  are  urgent  reasons  for  filling  a vacancy  in  the  competitive 
class  and  there  is  no  list  of  persons  eligible  for  appointment  after  competitive 
examination,  the  appointing  officer  may  nominate  a person  to  the  state  or 
municipal  commission  for  non-competitive  examination,  and  if  such  nominee 
shall  be  certified  by  such  commission  as  qualified  after  such  non-competitive 
examination,  he  may  be  appointed  provisionally  to  fill  such1  vacancy  until  a 
selection  and  appointment  can  be  made  after  competitive  examination,  but 
such  provisional  appointment  shall  not  continue  for  a longer  period  than  two 
months,  nor  shall  successive  temporary  appointments  be  made  to  the  same 
position  under  this  subdivision. 

2.  In  case  of  a vacancy  in  a position  in  the  competitive  class  where  peculiar 
and  exceptional  qualifications  of  a scientific,  professional  or  educational  char- 
acter are  required,  and  upon  satisfactory  evidence  that  for  specified  reasons 
competition  in  such  special  case  is  impracticable  and  that  the  position  can  be 
best  filled  by  the  selection  of  some  designated  person  of  high  and  recognized 
attainments  in  such  qualities,  the  state  or  municipal  commission  may  suspend 
the  provisions  of  the  rule  requiring  competition  in  such  case,  but  no  such 
suspension  shall  be  general  in  its  application  to  such  place,  and  all  such  cases 
of  suspension  shall  be  reported  in  the  annual  reports  of  such  commissions 
with  the  reasons  for  the  same. 

3.  When  the  services  to  be  rendered  by  an  appointee  in  the  state  service 
are  for  a temporary  period  not  to  exceed  one  month  and  the  need  of  such 
service  is  important  and  urgent,  the  appointing  officer  may.  select  for  such 
temporary  service  any  person  on  the  proper  list  of  those  eligible  for  a per- 
manent appointment  without  regard  to  his  standing  on  such  list. 


^ ■ \ 


12 


§ 16.  Promotion;  transfer;  reinstatement;  reduction. — Vacancies  in  posi- 
tions in  the  competitive  class  shall  be  filled,  so  far  as  practicable,  by  pro- 
motion from  among  persons  holding  positions  in  a lower  grade  in  the  depart- 
ment, office  or  institution  in  which  the  vacancy  exists.  Promotions  shall  be 
based  upon  merit  and  competition  and  upon  the  superior  qualifications  of  the 
person  promoted  as  shown  by  his  previous  service,  due  weight  being  given  to 
seniority.  For  the  purposes  of  this  section  an  increase  in  the  salary  or  other 
compensation  of  any  person  holding  an  office  or  position  within  the  scope  of 
the  rules  in  force  hereunder  beyond  the  limit  fixed  for  the  grade  in  which 
j*Hfh  office  or  position  is  classified,  shall  be  deemed  a promotion.  No  pro- 
/motion,  transfer  or  reinstatement  shall  be  made  from  a position  in  one  class 
It  o a position  in  another  class  unless  the  same  be  specially  authorized  by  the 
I state  or  municipal  commission,  nor  shall  a person  be  promoted  or  transferred 
\to  a position  for  original  entrance  to  which  there  is  required  by  this  chapter 
cWthe  rules  an  examination  involving  essential  tests  or  qualifications  different 
from  or  higher  than  those  required  for  original  entrance  to  the  position  held 
by  such  person,  unless  he  shall  have  passed  the  examination  or  attained  a 
place  upon  the  eligible  list  for  such  higher  position. 

§ 17.  The  non-competitive  class. — The  non-competitive  class  shall  include 
such  positions  as  are  not  in  the  exempt  class  or  the  labor  class  and  which  it 
is  impracticable  to  include  in  the  competitive  class.  Appointments  to  posi- 
tions in  the  non-competitive  class  shall  be  made  after  such  non-competitive 
examination  as  is  prescribed  by  the  rules. 

§ 18.  The  labor  class  in  cities. — The  labor  class  in  cities  shall  include 
unskilled  laborers  and  such  skilled  laborers  as  are  not  included  in  the  com- 
petitive class  or  the  non-competitive  class.  Vacancies  in  the  labor  class  in 
cities  shall  be  filled  by  appointment  from  lists  of  applicants  registered  by  the 
municipal  commissions.  Preference  in  employment  from  such  lists  shall  be 
given  according  to  date  of  application.  There  shall  be  separate  lists  of 
applicants  for  different  kinds  of  labor  or  employment,  and  the  commissions 
may  establish  separate  labor  lists  for  various  institutions  and  departments. 
Where  the  labor  service  of  any  department  or  institution  extends  to  separate 
localities,  the  commissions  may  provide  separate  registration  lists  for  each 
district  or  locality.  The  commissions  shall  require  an  applicant  for  registra- 
tion for  the  labor  service  to  furnish  such  evidence  or  pass  such  examination 
as  they  may  deem  proper  with  respect  to  his  age,  residence,  physical  con- 
dition, ability  to  labor,  skill,  capacity  and  experience  in  the  trade  or  employ- 
ment for  which  he  applies. 

§ 19.  Official  roster;  reports  of  appointing  officers. — No  person  shall  be 
appointed  to  or  employed  in  any  position  in  the  classified  service  of  the  state 
or  of  any  civil  division  or  city  thereof  for  which  rules  have  been  prescribed 
pursuant  to  the  provisions  of  this  chapter,  until  he  has  passed  an  examination 
or  is  shown  to  be  especially  exempted  from  such  examination  in  conformity 
with  such  rules  and  the  provisions  of  this  chapter.  It  shall  be  the  duty  of 
each  appointing  olficer  of  the  state  or  any  such  civil  division  thereof,  except 
cities,  to  report  to  the  state  civil  service  commission  forthwith  upon  such 
appointment  or  employment  the  name  of  such  appointee  or  employee,  the  title 


13 


and  character  of  his  office  or  employment,  the  date  of  the  commencement  of 
service  by  virtue  thereof  and  the  salary  or  compensation  thereof,  and  to 
report  from  time  to  time  and  upon  the  date  of  official  action  in  or  knowledge 
of  each  case,  any  separation  of  a person  from  the  service,  or  other  change 
therein,  and  such  other  information  as  the  commission  may  require,  in  order 
to  keep  the  roster  hereinafter  mentioned.  The  commission  shall  keep  in  its 
office  an  official  roster  of  the  classified  civil  service  of  the  state  and  of  each 
of  the  civil  divisions  thereof  for  which  rules  have  been  prescribed  pursuant  to 
this  chapter,  except  cities,  and  shall  enter  thereon  the  name  of  each  and 
every  person  who  has  been  appointed  to,  employed,  promoted  or  reinstated  in 
any  position  in  such  service,  upon  such  evidence  as  it  may  require  or  deem 
satisfactory  that  such  person  was  appointed  to,  promoted  or  reinstated  in  the 
service  in  conformity  with  the  provisions  of  law  and  the  rules  prescribed 
pursuant  to  this  chapter.  The  official  roster  shall  show  opposite  or  in  con- 
nection with  each  name  the  date  of  appointment,  employment,  promotion  or 
reinstatement,  the  compensation  of  the  position,  the  date  of  commencement 
of  service,  and  date  of  transfer  in  or  separation  from  service  by  dismissal, 
resignation,  cancellation  of  appointment  or  death.  In  like  manner  the  munici- 
pal commission  of  each  city  shall  keep  in  its  office  an  official  roster  of  the 
classified  civil  service  of  such  city,  and  shall  enter  thereon  the  name  of  each 
and  every  person  who  has  been  appointed  to,  employed,  promoted  or  reinstated 
in  any  position  in  such  service,  upon  such  evidence  as  it  may  require  or  deem 
satisfactory  that  such  person  was  appointed  to.  or  employed,  promoted  or 
reinstated  in  the  service  in  conformity  with  the  provisions  of  law  and  of  the 
rules,  and  it  shall  be  the  duty  of  each  appointing  officer  of  such  city  to  report 
to  such  municipal  commission  in  like  manner  as  is  hereinbefore  provided  for 
reports  from  appointing  officers  to  the  state  commission. 


§ 20.  Disbursing  officers. — It  shall  be  unlawful  for  the  comptroller  or 
other  fiscal  officer  of  the  state  or  any  civil  division  or  city  thereof  for  which 
civil  service  rules  have  been  prescribed  pursuant  to  this  chapter,  to  draw,  sign 
or  issue,  or  authorize  the  drawing,  signing  or  issuing  of  any  warrant  on  the 
treasurer  or  other  disbursing  officer  of  the  state  or  such  civil  division  or  city 
thereof,  for  the  payment  of,  or  for  the  treasurer  or  other  disbursing  officer  of 
the  state  or  of  such  civil  division  or  city  thereof,  to  pay  any  salary  or  com- 
pensation to  any  officer,  clerk  or  other  person  in  the  classified  service  of  the 
state  or  of  such  civil  division  or  city  thereof,  unless  an  estimate,  payroll  or 
account  for  such  salary  or  compensation,  containing  the  names  of  the  persons 
to  be  paid,  shall  bear  the  certificate  of  the  state  civil  service  commission,  or 
in  case  of  the  service  of  a city,  the  certificate  of  the  municipal  civil  service 
commission  of  such  city,  that  the  persons  named  in  such  estimate,  payroll  or 
account  have  been  appointed  or  employed  or  promoted  in  pursuance  of  law  and 
of  the  rules  made  in  pursuance  of  law.  Any  officer,  clerk  or  other  person 
entitled  to  be  certified  by  said  commission,  or  either  of  them,  to  the  comp- 
troller, treasurer  or  other  fiscal  or  disbursing  officer  of  the  state  or  any  city 
or  civil  division  thereof,  as  having  been  appointed  or  employed  in  pursuance 
of  law  and  of  the  rules  made  in  pursuance  of  law,  and  refused  such  certificate, 
may  maintain  a proceeding  by  mandamus  to  compel  such  commission  or  com- 
missions to  issue  such  certificate.  Any  sums  paid  contrary  to  the  provisions  "'S 
of  this  section  may  be  recovered  from  any  officer  or  officers  making  such  / 


14 


appointment  in  contravention  of  the  provisions  of  law  and  of  the  rules  made 
in  pursuance  of  law,  or  any  officer  signing  or  countersigning,  or  authorizing 
the  signing  or  countersigning  of  any  warrant  for  the  payment  of  the  same, 
and  from  the  sureties  on  his  official  bond,  in  an  action  in  the  supreme  court 
of  the  state,  maintained  by  a citizen  resident  therein,  who  is  assessed  for  and 
is  liable  to  pay,  or  within  one  year  before  the  commencement  of  the  action,’ " 
has  paid  a tax  therein.  All  moneys  recovered  in  any  action  brought  under 
the  provisions  of  this  section  must,  when  collected,  be  paid  into  the  treasury 
of  the  state  or  such  civil  division  thereof,  except  that  the  plaintiff  in  any 
such  action  shall  be  entitled  to  receive  for  his  own  use  the  taxable  costs  of 
such  action.  (As  amended  by  Chap.  240,  Laws  of  1909.) 

§ 21.  Preferences  allowed  honorably  discharged  soldiers,  sailors  and 
marines. — In  every  public  department  and  upon  all  public  works  of  the 
state  of  New  York  and  of  the  cities,  counties,  towns  and  villages  thereof, 
honorably  discharged  soldiers,  sailors  and  marines  from  the  army  and  navy  of 
the  United  States  in  the  late  civil  war  who  are  citizens  and  residents  of  this 
state,  shall  be  entitled  to  preference  in  appointment  and  promotion  without 
regard  to  their  standing  on  any  list  from  which  such  appointment  or  pro- 
motion may  be  made  to  all  competitive  and  non-competitive  positions  provided 
their  qualifications  and  fitness  shall  have  been  ascertained  as  provided  in  this 
chapter  and  the  rules  and  regulations  in  pursuance  thereof ; and  a person 
thus  preferred  shall  not  be  disqualified  from  holding  any  position  in  the  civil 
service  on  account  of  his  age  or  by  reason  of  any  physical  disability  provided 
such  age  or  disability  does  not  render  him  incompetent  to  perform  the  duties 
of  the  position  applied  for.  Whenever  any  list  of  eligible  persons,  prepared 
under  authority  of  this  chapter  shall  contain  the  names  of  honorably  dis- 
charged soldiers,  sailors  and  marines  entitled  to  preference  as  aforesaid  any 
reference  in  this  chapter  or  in  the  rules  and  regulations  in  pursuance  thereof 
to  the  persons  standing  highest  on  such  list  shall  be  deemed  to  indicate  those 
standing  highest  of  those  entitled  to  preference  by  the  provisions  of  this 
section  and  such  persons  shall  be  given  preference  on  any  list  of  registered 
applicants  for  employment  in  the  labor  service,  in  accordance  with  the  dates 
of  their  several  applications  as  though  such  applications  had  been  filed  prior 
to  those  of  any  persons  on  such  lists  not  entitled  to  the  preference  provided 
by  this  section.  A refusal  to  allow  the  preference  provided  for  in  this  and 
the  next  succeeding  section  to  any  honorably  discharged  soldier,  sailor  or 
marine  or  a reduction  of  his  compensation  intended  to  bring  about  his 
resignation  shall  be  deemed  a misdemeanor,  and  such  honorably  discharged 
soldier,  sailor  or  marine  shall  have  a right  of  action  therefor  in  any  court 
of  competent  jurisdiction  for  damages,  and  also  a remedy  by  mandamus  for 
righting  the  wrong. 

§ 22.  Power  of  removal  limited. — Every  person  whose  rights  may  be  in 
any  way  prejudiced  contrary  to  any  of  the  provisions  of  this  section  shall  be 
entitled  to  a writ  of  mandamus  to  remedy  the  wrong.  No  person  holding  a 
position  by  appointment  or  employment  in  the  state  of  New  York  or  in  the 
several  cities,  counties,  towns  or  villages  thereof  who  is  an  honorably  dis- 
charged soldier,  sailor  or  marine,  having  served  as  such  in  the  Union  army 
or  navy  during  the  war  of  the  rebellion,  or  who  is  an  honorably  discharged 


soldier,  sailor  or  marine,  having  served  as  such  in  the  Union  army  or  navy  of 
the  United  States  during  the  late  war  with  Spain  or  the  incidental  insurrec- 
tion in  the  Philippines  prior  to  July  fourth,  nineteen  hundred  and  two,  or  who 
shall  have  served  the  term  required  by  law  in  the  volunteer  fire  depart- 
ment of  any  city,  town  or  village  in  the  state,  or  who  shall  have  been 
a member  thereof  at  the  time,  of  the  disbandment  of  such  volunteer  fire 
department  shall  be  removed  from  such  position  except  for  incompetency 
or  misconduct  shown  after  a hearing  upon  due  notice  upon  stated  charges, 
and  with  the  right  to  such  employee  or  appointee  to  a review  by  a writ 
of  certiorari.  If  the  position  so  held  by  any  such  honorably  discharged 
soldier,  sailor  or  marine  or  volunteer  fireman  shall  become  unnecessary 
or  be  abolished  for  reasons  of  economy  or  otherwise,  the  said  honorably 
discharged  soldier,  sailor  or  marine  or  volunteer  fireman  holding  the  same 
shall  not  be  discharged  from  the  public  service,  but  shall  be  transferred 
to  any  branch  of  the  said  service  for  duty  in  such  position  as  he  may  be 
fitted  to  fill,  receiving  the  same  compensation  therefor,  and  it  is  hereby 
made  the  duty  of  all  persons  clothed  with  power  of  appointment  to  make  such 
transfer  effective.  The  burden  of  proving  incompetency  or  misconduct  shall  be 
upon  the  person  alleging  the  same.  In  every  county  of  the  state  wholly 
included  within  the  limits  of  a city  but  not  comprising  the  whole  of  such 
city,  no  regular  clerk  or  head  of  a bureau  or  person  holding  a position  in  the 
classified  state  civil  service,  subject  to  competitive  examination,  shall  be 
removed  until  he  has  been  allowed  an  opportunity  of  making  an  explanation; 
and  in  every  case  of  removal  the  true  grounds  thereof  shall  be  forthwith 
entered  upon  the  records  of  the  department  of  the  office  in  which  he  has  been 
employed,  and  a copy  filed  with  the  state  civil  service  commission.  In  case 
of  a removal,  a statement  showing  the  reasons  therefor  shall  be  filed  in  the 
department  or  office  where  such  clerk,  head  of  a bureau  or  person  had  been 
employed.  Whenever  such  offices,  positions  or  employments  in  every  county 
of  the  state  hereinbefore  specified  are  abolished  or  made  unnecessary,  it  shall 
be  the  duty  of  the  head  of  the  department  or  office  in  which  such  persons  had 
been  employed,  to  furnish  the  names  of  the  person  or  persons  affected  to  the 
state  civil  service  commission,  with  a statement  in  the  case  of  each  of  the 
date  of  his  original  appointment  in  the  service,  it  shall  be  the  duty  of  the 
state  civil  service  commission  forthwith  to  place  the  names  of  said  persons 
upon  a list  of  suspended  employees  for  the  office  or  position  or  for  the  class 
of  work  in  which  they  have  been  employed,  or  for  any  corresponding  or  similar 
office,  position  or  class  of  work,  and  to  certify  the  said  persons  for  reinstate- 
ment or  re-employment  in  the  order  of  their  original  appointment  before 
making  certification  from  any  other  list.  The  failure  of  any  person  on  any 
such  list  for  reinstatement  or  re-employment  to  accept  after  reasonable  notice, 
an  office  or  position  in  the  same  county  and  at  the  same  salary  or  wages  as  the 
position  formerly  held  by  him,  shall  be  held  to  be  a relinquishment  of  his  right 
to  reinstatement  as  herein  stated.  Nothing  in  this  section  shall  be  construed  to 
apply  to  the  position  of  private  secretary,  cashier  or  deputy  of  any  official  or 
department.  (As  amended  by  Chap.  264,  Laws  of  1910.) 

§ 23.  Compensation  of  veterans  reinstated  by  order  of  the  courts. — Any 
honorably  discharged  soldier,  sailor  or  marine,  who  having  served  as  such  in 
the  Union  army  or  navy  during  the  war  of  the  rebellion,  shall  have  been,  or 
may  hereafter  be  removed  from  any  position  held  by  him  by  appointment  or 
employment  in  the  state  of  New  York  or  in  the  several  cities,  counties',  towns 


16 


or  villages  thereof  in  contravention  or  violation  of  any  provision  of  section 
twenty-two  of  this  article  and  who  shall  have  been  restored  to  such  position 
or  employment  either  by  a peremptory  writ  of  mandamus  of  the  supreme  court 
or  by  final  order  on  a writ  of  certiorari,  as  authorized  by  said  section  twenty- 
two,  shall  be  entitled  to  receive  and  shall  receive  from  said  state  or  the  city, 
county,  town  or  village  thereof  under  which  said  position  or  employment  was 
held  by  him,  the  same  compensation  therefor  from  the  date  of  such  unlawful 
removal  to  the  date  of  his  said  restoration  to  said  position  or  employment 
which  he  would  have  been  entitled  by  law  to  have  received  in  such  position 
or  employment  but  for  such  unlawful  removal,  and  such  veteran  shall  be 
entitled  to  a writ  of  mandamus  to  enforce  the  payment  thereof,  but  such 
compensation  or  salary  or  wages,  due  in  such  position  or  employment,  shall 
be  subject  to  the  provisions  of  sections  four  hundred  seventy-four  and  four 
hundred  seventy-five  of  the  judiciary  law  for  services  rendered  in  either  or 
both  said  special  proceedings  but  otherwise  shall  be  paid  only  directly  to 
such  veteran. 

§ 24.  Misdemeanor  to  obstruct  right  of  examination;  false  representation; 
impersonation  in  examination. — Any  commissioner,  or  examiner,  or  any 
other  person  who  shall  wilfully  by  himself  or  in  co-operation  with  other  per- 
sons, defeat,  deceive  or  obstruct  any  person  in  respect  of  his  or  her  right  of 
examination,  or  registration,  according  to  any  rules  or  regulations  prescribed 
pursuant  to  the  provisions  of  this  chapter,  or  who  shall  wilfully  and  falsely 
mark,  grade,  estimate  or  report  upon  the  examination  or  proper  standing  of 
any  person  examined,  registered  or  certified,  pursuant  to  the  provisions  of 
this  chapter,  or  aid  in  so  doing,  or  who  shall  wilfully  make  any  false  repre- 
sentations concerning  the  same,  or  concerning  the  person  examined,  or  who 
shall  wilfully  furnish  to  any  person  any  special  or  secret  information  for  the 
purpose  of  either  improving  or  injuring  the  prospects  or  chances  of  any 
person  so  examined,  registered  or  certified,  or  to  be  examined,  registered  or 
certified,  or  who  shall  personate  any  other  person,  or  permit  or  aid  in  any 
manner  any  other  person  to  personate  him,  in  connection  with  any  examination 
or  registration,  or  application  or  request  to  be  examined  or  registered,  shall 
for  each  ofi'ense  be  deemed  guilty  of  a misdemeanor. 

§ 25.  Recommendations  for  appointment  or  promotion. — No  recommenda- 
tion or  question  under  the  authority  of  this  chapter  shall  relate  to  the 
political  opinions  or  affiliations  of  any  person  whatever;  and  no  appointment 
or  selection  to  or  removal  from  an  office  or  employment  within  the  scope  of 
the  rules  established  as  aforesaid,  shall  be  in  any  manner  affected  or  in- 
fluenced by  such  opinions  or  affiliations.  No  person  in  the  civil  service  of 
the  state  or  of  any  civil  division  or  city  thereof,  is  for  that  reason  under  any 
obligation  to  contribute  to  any  political  fund  or  to  render  any  political 
service,  and  no  person  shall  be  removed  or  otherwise  prejudiced  for  refusing 
so  to  do.  No  person  in  the  said  civil  service  shall  discharge  or  promote  or 
reduce,  or  in  any  manner  change  the  official  rank  or  compensation  of  any 
other  person  in  said  service,  or  promise  or  threaten  so  to  do  for  giving  or 
withholding  or  neglecting  to  make  any  contribution  of  money  or  service  or  any 
other  valuable  thing  for  any  political  purpose.  No  person  in  said  service 
shall  use  his  official  authority  or  influence  to  coerce  the  political  action  of  any 
person  or  body,  or-  to  interfere  with  any  election. 


17 


§ 26.  Political  assessments  prohibited. — No  officer,  agent,  clerk  or  em- 
ployee under  the  government  of  the  state  of  New  York  or  any  civil  division 
or  city  thereof  shall,  directly  or  indirectly,  use  his  authority  or  official  in- 
fluence to  compel  or  induce  any  other  officer,  clerk,  agent  or  employee  under 
said  government,  or  any  civil  division  or  city  thereof,  to  pay  or  promise  to 
pay  any  political  assessment,  subscription  or  contribution.  Every  said  officer, 
agent,  clerk  or  employee  who  may  have  charge  or  control  in  any  building, 
office  or  room  occupied  for  any  purpose  of  said  government,  or  any  said 
division  or  city  thereof,  is  hereby  authorized  to  prohibit  the  entry  of  any 
person,  and  he  shall  not  knowingly  permit  any  person  to  enter  the  same  for 
the  purpose  of  therein  making,  collecting,  receiving  or  giving  notice  of  any 
political  assessment,  subscription  or  contribution;  and  no  person  shall  enter 
or  remain  in  any  said  office,  building  or  room,  or  send  or  direct  any  letter  or 
other  writing  thereto,  for  the  purpose  of  giving  notice  of,  demanding  or  col- 
lecting a political  assessment,  nor  shall  any  person  therein  give  notice  of, 
demand,  collect  or  receive  any’  such  assessment,  subscription  or  contribution; 
and  no  person  shall  prepare  or  make  out,  or  take  any  part  in  preparing  or 
making  out,  any  political  assessment,  subscription  or  contribution  with  the 
intent  that  the  same  shall  be  sent  or  presented  to  or  collected  of  any  officer, 
agent  or  employee  subject  to  the  provisions  of  this  chapter,  under  the  govern- 
ment of  the  state  of  New  York,  or  that  of  any  civil  division  or  city  thereof, 
and  no  person  shall  knowingly  send  or  present  any  political  assessment,  sub- 
scription or  contribution  to  or  request  its  payment  of  any  said  officer,  agent 
or  employee.  Any  person  who  shall  be  guilty  of  violating  any  provision  of 
this  section  shall  be  deemed  guilty  of  a misdemeanor. 

§ 27.  Officers  or  candidates  not  to  promise  influence;  “public  officer”  and 
“ public  employee  ” defined. — Whoever,'  while  holding  any  public  office,  or 
in  nomination  for,  or  while  seeking  a nomination  or  appointment  for  any 
public  office,  shall  corruptly  use  or  promise  to  use,  whether  directly  or  in- 
directly, any  official  authority  or  influence,  whether  then  possessed  or  merely 
anticipated,  in  the  way  of  conferring  upon  any  person,  or  in  order  to  secure 
or  aid  any  person  in  securing  any  office  or  public  employment,  or  any  nomina- 
tion, confirmation,  promotion  or  increase  of  salary,  upon  the  consideration  or 
condition  that  the  vote  or  political  influence  or  action  of  the  last-named 
person,  or  any  other,  shall  be  given  or  used  in  behalf  of  any  candidate,  officer 
or  party,  or  upon  any  other  corrupt  condition  or  consideration,  shall  be 
deemed  guilty  of  bribery  or  an  attempt  at  bribery.  And  whoever,  being  a 
public  officer,  or  having  or  claiming  to  have  any  authority  or  influence  for  or 
affecting  the  nomination,  public  employment,  confirmation,  promotion,  removal 
or  increase  or  decrease  of  salary  of  any  public  officer,  shall  corruptly  use,  or 
promise,  or  threaten  to  use  any  such  authority  or  influence,  directly  or  in- 
directly, in  order  to  coerce  or  persuade  the  vote  or  political  action  of  any 
citizen  or  the  removal,  discharge  or  promotion  of  any  officer  or  public 
employee,  or  upon  any  other  corrupt  consideration,  shall  also  be  guilty  of 
bribery  or  of  an  attempt  at  bribery.  Every  person  found  guilty  of  such 
bribery,  or  an  attempt  to  commit  the  same,  as  aforesaid,  shall,  upon  convic- 
tion thereof,  be  liable  to  be  punished  by  a fine  of  not  less  than  one  hundred 
dollars  nor  more  than  three  thousand  dollars,  or  to  be  imprisoned  not  less  than 
ten  days  nor  more  than  two  years,  or  to  both  said  fine  and  said  imprisonment 


IS 


in  the  discretion  of  the  court.  The  phrase  “ public  officer  ” shall  be  held  to 
include  all  public  officials  in  this  state,  whether  paid  directly  or  indirectly 
from  the  public  treasury  of  the  state,  or  from  that  of  any  civil  division 
thereof,  or  by  fees  or  otherwise ; and  the  phrase  “ public  employee  ” shall  be 
held  to  include  every  person  not  an  officer  who  is  paid,  from  any  said  treasury. 

§ 28.  Taxpayer’s  action. — - The  right  of  any  taxpayer  to  bring  an  action 
to  restrain  the  payment  of  compensation  to  any  person  appointed  to  or 
holding  any  office,  or  place  or  employment  in  violation  of  any  of  the  provisions 
of  this  chapter,  shall  not  be  limited  or  denied  by  reason  of  the  fact  that  said 
office,  place  or  employment  shall  have  been  classified  as,  or  determined  to  be, 
not  subject  to  competitive  examination;  provided,  however,  that  any  judg- 
ment or  injunction  granted  or  made  in  any  such  action  shall  be  prospective 
only,  and  shall  not  affect  payments  already  made  or  due  to  such  persons  by  the 
proper  disbursing  officers,  in  accordance  with  the  civil  service  rules  in  force 
at  the  time  of  such  payments. 


ARTICLE  3. 

Classification  of  State  Employees. 

Section  40.  Application. 

41.  Classification  of  employees  in  grades. 

42.  Salaries  for  each  grade. 

43.  Extra  salary  or  compensation  probihited. 

44.  Temporary  service. 

45.  Appointments  and  promotions. 

§ 40.  Application. — The  provisions  of  this  article  shall  apply  to  all  clerks, 
bookkeepers,  stenographers,  copyists,  messengers  and  other  employees  whose 
duties  are  of  a clerical  character  in  all  the  state  departments,  bureaus,  com- 
missions and  offices,  except  those  otherwise  fixed  by  law,  or  whose  salaries 
were  January  first,  nineteen  hundred  and  one,  more  than  the  maximum  fixed 
herein. 

§ 41.  Classification  of  employees  in  grades. — All  clerks,  bookkeepers, 

stenographers,  copyists,  messengers,  pages  or  other  employees  performing 
clerical  service  in  the  state  departments,  bureaus,  divisions,  commissions  and 
other  offices  excepting  deputies,  heads,  chiefs  and  assistant  heads  and  chiefs 
of  divisions  or  bureaus  shall  be  classified  in  one  of  the  following  grades,  in 
accordance  with  the  appropriations  made  by  the  legislature  for  such  purpose. 

§ 42.  Salaries  for  each  grade. — The  annual  salaries  of  employees  for  each 
grade  shall  not  be  to  exceed  the  following:  First  grade,  three  hundred  sixty 
dollars;  second  grade,  four  hundred  eighty  dollars;  third  grade,  six  hundred 
dollars;  fourth  grade,  seven  hundred  twenty  dollars;  fifth  grade,  nine  hundred 
dollars;  sixth  grade,  twelve  hundred  dollars;  seventh  grade,  fifteen  hundred 
dollars;  eighth  grade,  eighteen  hundred  dollars;  ninth  grade,  twenty-one  hun- 
dred dollars;  tenth  grade,  twenty-four  hundred  dollars 


19 


§ 43.  Extra  salary  or  compensation  prohibited. — No  person  holding  a posi- 
tion or  employed  in  any  department,  bureau,  commission  or  office  to  which 
this  article  applies  and  for  which  a definite  salary  or  compensation  has  been 
appropriated  or  designated,  shall  receive  any  extra  salary  or  compensation  in 
addition  to  that  so  fixed. 

§ 44.  Temporary  service. — All  departments,  bureaus,  commissions  or 
offices  which  have  been  granted  an  appropriation  for  temporary  clerical  serv- 
ice, may  appoint  in  accordance  with  the  provisions  of  this  article  employees 
in  any  of  the  grades  heretofore  specified  below  the  eighth  grade,  which 
employees  shall  be  paid  from  the  special  appropriation  made  for  such  purpose, 
but  from  no  other  fund. 

§ 45.  Appointments  and  promotions. — -Original  appointment  to  the  posi- 
tion of  clerk,  bookkeeper,  stenographer,  copyist  or  messenger  shall  be  made  so 
far  as  practicable  to  the  lowest  grade  established  in  the  department,  bureau, 
commission  or  office  in  which  the  appointment  is  made,  and  no  position  above 
such  grade  shall  he  filled  by  original  appointment  of  a person  not  in  the 
service,  if  there  is  employed  in  the  same  office  or  department  in  a similar 
position  in  a lower  grade  any  person  who  is  competent  to  perform  the  duties 
of  the  higher  position  who  can  be  promoted.  Promotion  shall  be  made  by 
successive  grade  so  far  as  practicable,  and  no  person  shall  be  promoted  to  a 
position  in  the  higher  grade  who  has  not  served  at  least  six  months  in  the 
next  lower  grade. 


ARTICLE  4. 

Laws  Repealed;  When  to  Take  Effect. 

Section  60.  Laws  repealed. 

61.  When  to  take  effect. 


§ 60.  Laws  repealed.—  Of  the  laws  enumerated  in  the  schedule  hereto  an- 
nexed, that  portion  specified  in  the  last  column  is  hereby  repealed. 

§ 61.  When  to  take  effect. — This  chapter  shall  take  effect  immediately. 


Laws  of 

1883. .  . 

1884. .  . 

1884. .  . 
1884.  . . 

1886. .  . 
1887.  . . 
1888. . . 

1890. .  . 

1892. .  . 

1894. .  . 
1894.  . . 
1894. . . 


Schedule  of  Laws  Repealed. 
Chapter 

354 

312 

357 

410 

29 

464 

119 

67 

577 

354 

681 

716 


Section 
. All. 
. All. 
. All. 
. All. 

All. 
. All. 
. All. 
. All. 

. All. 
. All. 
. All. 
All. 


20 


Laws  of 

1894. .  . 
1895  . . 

1896. .  . 

1897. .  . 

1898. .  . 

1898. . . 

1899. .  . 

1900. .  . 
1900-. . . 

1900. .  . 

1901. .  . 

1901 . .  . 

1902. .  . 

1902. .  . 

1904. .  . 
1904. . . 


Chapter 

717. .  . 

344. .  . 

821. .  . 
428.  . 

184. .  . 

186. .  . 

. 370.. 

66.  . 

195.. 
675.  . 

, 521.. 

533 . . 

270. . 
355 . . 

637.. 

697.. 


(Became  a law  February  17,  1909.) 


Section 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 
. All. 


CONSTITUTIONAL  PROVISION. 

Article  V,  Section  9.  * * * Appointments  and  promotions  in  the  civil 

service  of  the  state,  and  of  all  the  civil  divisions  thereof,  including  cities 
and  villages,  shall  be  made  according  to  merit  and  fitness  to  be  ascertained, 
so  far  as  practicable,  by  examinations,  which,  so  far  as  practicable,  shall  be 
competitive;  provided,  however,  that  honorably  discharged  soldiers  and  sail- 
ors from  the  army  and  navy  of  the  United  States  in  the  late  civil  war,  who 
are  citizens  and  residents  of  this  state,  shall  be  entitled  to  preference  in 
appointment  and  promotion,  without  regard  to  their  standing  on  any  list 
from  which  such  appointment  or  promotion  may  be  made.  Laws  shall  be 
made  to  provide  for  the  enforcement  of  this  section. 


21 


STATE  CIVIL  SERVICE  RULES. 


State  of  New  York 
State  Civil  Service  Commission 

Albany,  June  30,  1909. 

In  compliance  with  the  provisions  of  section  9 of  article  V of  the  consti- 
tution, and  of  chapter  15  of  the  Laws  of  1909  of  the  State  of  New  York, 
the  State  Civil  Service  Commission  hereby  prescribes  the  following  rules  for 
the  regulation  of  the  classified  civil  service  of  the  State  of  New  York,  to 
take  effect  and  have  the  force  of  law,  revoking  all  other  rules  to  that  end, 
when  approved  by  the  governor. 

CHARLES  F.  MILLIKEN, 

JOHN  E.  KRAFT, 

ROSCOE  C.  E.  BROWN, 

State  Civil  Service  Commissioners. 

Rule  I.  Definition  of  Terms. 

The  several  terms  hereinafter  mentioned,  whenever  used  in  these  rules  or 
in  any  regulations  thereunder,  shall  be  construed  as  follows: 

1.  Chapter  15  of  the  Laws  of  1909  sha-ll  be  known  as  the  “ Civil  Service 

Law.” 

2.  The  term  “ commission  ” or  “ state  commission  ” means  the  state  civil 
service  commission. 

3.  The  term  “ municipal  commission  ” means  the  municipal  civil  service 
commission  of  a city. 

4.  The  “ civil  service  ” of  the  state  of  New  York  or  any  of  its  civil  divi- 
sions or  cities  includes  all  offices  and  positions  of  trust  or  employment  in 
the  service  of  the  state  or  of  such  civil  division  or  city,  except  such  offices 
and  positions  in  the  militia  and  the  military  departments  as  are  or  may  be 
created  under  the  provisions  of  article  XI  of  the  constitution. 

5.  The  “ state  service  ” shall  include  all  such  offices  and  positions  in  the 
service  of  the  state,  or  of  any  of  its  civil  divisions,  except  a city. 

6.  The  “ city  service  ” shall  include  such  positions  in  the  service  of  any 
city. 

7.  The  term  “ appointing  officer  ” signifies  the  officer,  commission,  board 
or  body  having  the  power  of  appointment  to  subordinate  positions  in  any 
office,  court,  department,  commission,  board  or  institution. 

8.  The  term  “ class  ” refers  to  the  divisions  of  the  classified  civil  service 
based  upon  the  distinctive  methods  of  appointment  to  the  positions  com- 
prehended therein. 

9.  The  term  “ group  ” refers  to  the  divisions  in  a class  based  upon  the 
character  of  the  duties  of  the  positions,  without  regard  to  the  salaries 
received. 

10.  The  term  “ subdivision  ” refers  to  the  divisions  of  positions  in  a group 
more  specially  arranged  according  to  details  for  the  purpose  of  examinations, 
identical  in  whole  or  in  part. 

11.  The  term  “grade”  refers  to  the  divisions  of  any  group  or  subdivision 
upon  the  basis  of  salary  or  compensation  received. 


22 


12.  The  word  “ compensation  ” shall  be  construed  as  the  annual  salary  of 
the  position  or  its  equivalent  when  stated  by  the  day,  week  or  month,  and 
shall  include  proper  commutation  for  lodgings  and  board,  or  either,  when 
the  same  are  furnished  free  as  a part  of  such  compensation,  and  such  rate 
of  commutation  shall  be  fixed  by  regulation  of  the  commission. 

13.  The  term  “ veterans  ” refers  to  honorably  discharged  soldiers  and  sail- 
ors from  the  army  and  navy  of  the  United  States,  in  the  late  civil  war,  who 
are  citizens  and  residents  of  this  state. 

14.  The  terms  “ laborer  ” and  “ unskilled  laborer  ” are  used  synonymously 
and  shall  be  construed  as  applying  only  to  persons  employed  as  ordinary 
laborers,  and  shall  net  include  mechanics,  artisans,  tradesmen  and  other 
skilled  laborers,  and  no  person  shall  be  deemed  a “ laborer  ” who  receives  a 
compensation  greater  than  two  dollars  for  each  day  of  actual  service  or 
sixty  dollars  per  month,  unless  facts  relating  to  the  work  done  by  such  per- 
son are  presented  to  the  commission  showing  that  such  work  is  that  of  an 
ordinary  unskilled  laborer. 

15.  The  masculine  pronoun  “ he  ” and  its  derivatives  shall  include  the 
feminine  pronoun  “ she  ” and  its  derivatives. 

10.  Whenever  in  these  rules  there  is  a direction  that  the  commission  shall 
report  any  matter  to  the  legislature  it  shall  be  construed  as  referring  to  the 
next  ensuing  annual  report  of  the  commission  to  the  legislature,  as  required 
by  law. 

Rule  II.  General  Provisions. 

1.  The  violation  of  any  of  the  provisions  of  the  civil  service  law  or  of  these 
rules  by  any  person  in  the  civil  service  of  the  state  or  of  any  civil  division 
or  city  thereof  shall  be  considered  a good  cause  for  the  dismissal  of  such 
person  from  the  service. 

2.  No  person  in  the  civil  service  of  the  state  or  of  any  civil  division  or 
city  thereof  shall  use  his  official  authority  or  influence  to  coerce  the  political 
action  of  any  person  or  body;  or  shall  dismiss  or  cause  to  be  dismissed,  or 
make  any  attempt  to  procure  the  dismissal  of,  or  in  any  manner  change  the 
official  rank  or  compensation  of,  any  person  in  such  service,  because  of  his 
political  opinions  or  affiliations. 

3.  No  question  in  any  examination,  or  form  of  application  or  other  pro- 
ceeding by  or  under  the  state  commission  or  any  municipal  commission  or 
their  examiners  shall  be  so  framed  as  to  elicit  information  concerning,  nor 
any  other  attempt  be  made  to  ascertain  the  political  opinions  or  affiliations 
of  any  applicant,  competitor  or  eligible,  and  all  disclosures  thereof  shall  be 
discountenanced  by  the  commission  and  its  examiners,  and  no  discrimination 
shall  be  exercised,  threatened  or  promised  against  or  in  favor  of  any  appli- 
cant, competitor  or  eligible,  because  of  his  political  opinions  or  affiliations. 

4.  No  recommendation  of  an  applicant,  competitor  or  eligible  involving  any 
disclosure  of  his  political  opinions  or  affiliations  shall  be  received,  filed  or 
considered  by  the  commission,  by  an  examining  board,  or  by  any  nominating 
or  appointing  officer. 

5.  No  appointment  or  selection  to  or  removal  from  an  office  or  employ- 
ment within  the  scope  of  any  rules  established  under  the  civil  service  law 
shall  be  in  any  manner  affected  or  influenced  by  any  political  opinions  or 
affiliations. 


23 


6.  No  person  in  the  civil  service  of  the  state  or  of  any  civil  division  or 
city  thereof  shall  be  obliged  to  contribute  to  any  political  fund  or  to  render 
any  political  service;  nor  shall  any  such  person,  directly  or  indirectly,  use 
his  authority  or  official  influence  to  compel  or  induce  any  other  person  in 
such  service  to  pay  or  promise  to  pay  any  political  assessment,  subscription 
or  contribution. 

7.  In  making  removals  or  reductions,  or  in  imposing  penalties  for  delin- 
quency or  misconduct,  in  the  state  service  or  city  service  penalties  like  in 
character  shall  be  imposed  for  like  offenses  and  action  thereon  shall  be  taken 
irrespective  of  the  political  opinions  or  affiliations  of  the  offenders. 

Rule  III.  Classification  of  the  State  Service. 

1.  The  civil  service  of  the  state  and  of  each  of  its  civil  divisions  shall  be 
divided  into  the  unclassified  service  and  the  classified  service. 

2.  The  unclassified  service  shall  comprise  all  elective  offices;  all  offices 
filled  by  election  or  appointment  by  the  legislature  on  joint  ballot;  all  per- 
sons appointed  by  name  in  any  statute;  all  legislative  officers  and  employes; 
all  offices  filled  by  appointment  by  the  governor,  either  upon  or  without  con- 
firmation by  the  senate,  except  officers  and  employes  in  the  executive  offices; 
all  election  officers;  the  head  or  heads  of  any  department  of  the  government; 
and  persons  employed  in  or  who  seek  to  enter  the  public  service  as  superin- 
tendents, principals  or  teachers  in  a public  school  or  academy  or  in  a state 
normal  school  or  college. 

3.  The  classified  service  shall  comprise  all  positions  not  included  in  the 
unclassified  service  and  shall  be  arranged  in  three  classes;  the  exempt  class, 
the  competitive  class,  and  the  non-competitive  class. 

4.  The  classification  by  or  under  these  rules  in  the  competitive  class  of  any 
position  previously  exempt  from  examination  or  subject  to  non-competitive 
examination  shall  not  be  deemed  to  confer  upon  the  persons  holding  such 
position  at  the  time  of  such  change  in  classification  any  right  or  privilege 
of  transfer  or  promotion  to  a position  in  the  competitive  class  under  these 
rules,  except  as  permitted  by  sections  14  and  16  of  the  civil  service  law. 

5.  If  at  the  time  of  promulgation  of  these  rules  there  are  in  any  office, 
department  or  institution  more  persons  holding  any  position  classified  hereby 
in  the  exempt  class  than  the  number  specified  in  such  class  by  these  rules, 
no  further  appointments  shall  be  made  under  such  exemption  until  the  num- 
ber of  such  persons  in  the  service  in  said  position  shall  have  fallen  below  the 
number  so  specified. 

Rule  IV.  Appointments  to  and  Employment  in  the  Classified  Service. 

1.  In  pursuance  of  the  provisions  of  section  9 of  article  V of  the  consti- 
tution and  of  the  civil  service  law  there  shall  be  provided,  to  ascertain  merit 
and  fitness  for  admission  to  the  classified  service,  examinations  to  be  made 
under  the  general  direction  of  the  commission. 

2.  No  person  shall  be  appointed  to  or  employed  in  any  position  in  the 
classified  service  of  the  state  or  of  any  city  or  political  division  thereof  for 
which  rules  have  been  prescribed  pursuant  to  the  provisions  of  the  civil 
service  law  until  he  has  passed  an  examination,  or  is  shown  to  be  especially 
exempted  from  such  examination,  in  accordance  with  such  rules  and  the 
provisions  of  the  civil  service  law. 


3.  No  person  shall  be  appointed  or  employed  under  any  title  not  appro- 
priate to  the  duties  to  be  performed,  and  no  person  shall  be  transferred  to 
or  assigned  to  perform  the  duties  of  any  position  subject  to  competitive  ex- 
amination, unless  he  shall  have  previously  passed  an  open  competitive  exam- 
ination equivalent  to  that  required  for  such  position,  or  unless  he  shall  have 
served  with  fidelity  in  a similar  position  for  at  least  three  years. 

4.  Appointments  to  positions  in  the  state  service  the  duties  of  which  are 
confined  to  a locality  outside  of  Albany  county,  shall,  so  far  as  practicable, 
be  made  from  residents  of  the  judicial  district  including  such  locality. 

5.  Appointments  to  positions  in  the  service  of  any  county  or  village  to 
which  the  provisions  of  these  rules  apply  shall  be  made  from  residents  of 
such  county  or  village,  provided  that  such  requirement  as  to  residence  may 
be  specially  suspended  by  the  commission  as  to  any  position  requiring  high 
professional,  scientific  or  technical  qualifications,  or  in  cases  where  through 
low  compensation  for  services  such  requirement  is  disadvantageous  to  the 
public  interests,  but  all  such  cases,  whether  of  individuals  or  groups,  with 
the  reasons  therefor,  shall  be  reported  to  the  legislature.  (As  amended  April 
16,  1910.) 

Rule  V.  The  Exempt  Class. 

The  following  positions  shall  be  included  in  the  exempt  class: 

1.  The  deputies  of  principal  executive  officers  authorized  by  law  to  act 
generally  for  and  in  place  of  their  principals. 

2.  One  secretary  of  each  officer,  board  and  commission  authorized  by  law 
to  appoint  a secretary. 

3.  One  clerk,  and  one  deputy  clerk  if  authorized  by  law,  of  each  court, 
and  one  clerk  of  each  elective  judicial  officer. 

4.  All  unskilled  laborers  and  such  skilled  laborers  as  are  not  included  in 
the  competitive  class  or  the  non-competitive  class. 

5.  All  such  other  subordinate  positions  as  the  commission  may  deem  it 
impracticable  to  fill  by  competitive  or  non-competitive  examinations. 

No  office  or  position  shall  be  deemed  to  be  in  the  exempt  class  unless  it  is 
specifically  named  in  this  rule,  nor  shall  more  than  one  appointment  be  made 
to  or  under  the  title  of  any  such  office  or  position,  unless  a different  number 
is  specifically  mentioned  in  this  rule. 


POSITIONS  IN  THE  EXEMPT  CLASS. 


STATE  SERVICE. 


Ill  the  office  of  the  Governor: 

The  sectretary  to  the  governor;  the  military  secretary;  counsel;  the 
pardon  clerk;  the  appointment  clerk;  the  executive  stenographer. 

In  the  office  of  the  Secretary  of  State: 

The  deputy;  the  chief  clerk;  the  stenographer  to  the  secretary;  the 
cashier  and  bookkeeper;  the  confidential  clerk;  one  assistant  to  the 
first  deputy  secretary  of  state;  one  confidenial  stenographer  to  the 
first  deputy  secretary  of  state. 

In  the  office  of  the  Comptroller: 

The  deputy;  private  secretary  to  the  comptroller;  the  stenographer  to 
the  comptroller;  the  confidential  stenographer  to  the  deputy  comp- 
troller; one  corporation  tax  commissioner;  two  special  corporation  tax 
commissioners;  chief  clerk,  stock  transfer  tax  bureau;  thirteen  examin- 
ers of  transfers  of  stock;  the  state  prison  lands  agent;  the  custodian 
of  the  Saratoga  battle  monument;  the  custodian  of  the  Lake  George 
battle  ground,  being  the  New  York  state  historical  society.  (As 
amended  December  3,  1909;  February  9,  1910’;  May  2,  1910.) 

In  the  office  of  the  Treasurer: 

The  deputy;  the  cashier;  one  confidential  clerk. 

In  the  office  of  the  Attorney-General: 

Fourteen  deputies,  provided  that  the  salary  of  each  shall  be  three  thou- 
sand dollars  or  more  per  annum  (as  amended  July  15,  1909;  October 
8,  1909)  ; one  confidential  clerk;  the  stenographer  to  the  attorney- 
general  ; the  confidential  messenger,  the  private  secretary ; confiden- 
tial stenographer  in  the  New  York  City  bureau;  confidential  mes- 
senger in  the  New  York  City  bureau;  one  investigator  of  claims  for 
the  court  of  claims. 

In  the  office  of  the  State  Engineer  and  Surveyor: 

The  deputy;  one  special  deputy,  one  confidential  assistant;  three  division 
engineers ; one  financial  clerk  for  each  of  the  division  engineers ; one 
recording  clerk  acting  as  confidential  clerk;  the  stenographer  to  the 
state  engineer;  one  financial  clerk  and  auditor. 

In  the  office  of  the  Barge  Canal  Terminal  Commission: 

The  secretary  (classified  October  8,  1909). 

In  the  Department  of  Highways: 

The  secretary;  the  first  deputy;  the  second  deputy;  one  auditor;  one 
financial  clerk;  one  secretary  to  each  commissioner. 

In  the  office  of  the  State  Architect: 

One  private  secretary;  the  deputy. 


In  the  Insurance  Department: 

Three  deputy  superintendents;  four  appraisers;  the  cashier  and  tax 
clerk;  one  private  secretary  and  confidential  stenographer;  the 
counsel. 

In  the  Banking  Department : 

First  deputy  superintendent;  second  deputy  superintendent;  third 
deputy  superintendent;  the  confidential  clerk  and  financial  clerk  and 
private  secretary;  the  stenographer  to  the  superintendent;  four  con- 
fidential examiners ; one  confidential  stenographer  in  the  New  York 
office. 

In  the  Education  Department: 

Three  assistant  commissioners;  five  conductors  of  institutes;  four  insti- 
v tute  instructors;  the  secretary  to  the  commissioner;  the  confidential 
I stenographer;  the  honorary  university  examiners;  the  medical  exam- 
; iners;  secretary  of  the  state  board  of  medical  examiners;  chief  of 
l division  of  administration. 

In  each  State  Prison: 

The  agent  and  warden;  all  chaplains;  the  clerk;  the  assistant  clerk. 

In  the  Prison  Department: 

The  electrician  and  his  assistant  for  the  purpose  of  electrocution; 
warden’s  confidential  clerk,  Sing  Sing  prison;  one  confidential  agent 
(classified  September  20,  1909). 

In  the  Court  of  Appeals: 

All  positions  in  the  court  of  appeals,  including  all  places  to  which  ap- 
pointments are  made  by  the  clerk  of  the  court  of  appeals,  except  crier 
and  messenger. 

In  the  office  of  the  State  Reporter  for  the  Court  of  Appeals : 

One  assistant  state  reporter ; one  confidential  law  stenographer. 

In  the  office  of  the  Prison  Commission: 

The  secreta-ry. 

In  the  Department  of  Excise: 

The  deputy  and  thirteen  special  deputy  commissioners;  second  deputy 
commissioner;  one  detective;  the  secretary  to  the  commissioner;  one 
confidential  clerk ; the  financial  clerk ; one  auditor : one  property  clerk 
and  purchasing  agent;  one  bank  messenger;  one  cashier  in  the  Albany 
office;  the  cashier  in  the  office  of  the  special  deputy  commissioner  at 
Buffalo,  Brooklyn,  New  York  and  Long  Island  City;  the  confidential 
clerk  in  the  office  of  the  special  deputy  commissioner  at  Buffalo;  the 
confidential  clerk  in  the  office  of  the  special  deputy  commissioner  for 
the  Borough  of  Brooklyn,  the  confidential  clerk  in  the  office  of  the 
special  deputy  commissioner  for  the  Boroughs  of  Manhattan  and  The 
Bronx;  eleven  attorneys;  one  watchman  in  the  New  York  office  of  the 
department,  employed  annually  for  a period  of  sixty  days  between 
September  first  and  December  first. 


27 


In  the  Department  of  Public  Works: 

The  deputy  superintendent;  three  assistant  superintendents;  the  super- 
intendent of  repairs  for  each  section;  the  disbursing  clerk  to  each 
section  superintendent;  the  private  secretary;  the  financial  clerk; 
one  special  agent  whose  appointment  is  provided  for  by  section  270 
of  the  Code  of  Civil  Procedure;  one  advisory  engineer;  one  paymaster. 

In  the  office  of  the  State  Board  of  Charities: 

The  secretary. 

In  the  office  of  the  Public  Service  Commission  for  the  First  District: 

The  secretary  to  the  commission ; secretary  to  the  chairman  of  the  com- 
mission ; assistant  secretary  to  the  commission;  four  secretaries  to  the 
commissioners;  one  chief  engineer;  one  deputy  engineer  of  subway 
construction;  six  division  engineers;  two  general  inspectors;  one  prin- 
cipal assistant  engineer;  auditor  of  accounts;  the  counsel;  six  assistant 
counsel;  secretary  to  the  counsel;  confidential  stenographer  to  the 
counsel ; secretary  of  the  bureau  of  gas  and  electricity  inspection ; one 
electrical  engineer ; one  assistant  electrical  engineer ; chief  statistician ; 
the  confidential  stenographer  to  each  commissioner ; engineer  of  subway 
construction;  chief  gas  engineer;  one  transportation  engineer  (classi- 
fied August  17,  1909). 

In  the  office  of  the  Public  Service  Commission  for  the  Second  District: 

The  secretary  to  the  commission ; secretary  to  the  chairman  of  the  com- 
mission ; four  secretaries  to  the  commissioners ; the  counsel ; one 
assistant  counsel  (as  amended  December  3,  1909)  ; chief  of  division 
of  light,  heat  and  power ; engineer  of  division  of  light,  heat  and  power ; 
chief  of  division  of  traffic;  two  inspectors,  division  of  transportation; 
statistician,  chief  of  division  of  tariffs ; the  confidential  stenographer 
to  the  chairman  of  the  commission ; the  assistant  secretary. 

In  the  office  of  the  Probation  Commission : 

The  secretary. 

In  the  Department  of  Public  Buildings: 

The  superintendent;  the  deputy  superintendent;  the  paymaster;  the 
custodian  of  the  senate  committee  rooms;  the  custodian  of  assembly 
property. 

In  the  office  of  the  Board  of  Trustees  of  Public  Buildings: 

The  clerk  of  the  works  for  the  construction  of  the  new  state  education 
building. 

In  the  office  of  the  Fiscal  Supervisor  of  State  Charities: 

One  deputy;  the  chief  clerk;  one  inspector  of  buildings,  heating  and 
lighting  (as  amended  October  21,  1909). 

In  the  office  of  the  State  Commission  in  Lunacy: 

The  secretary;  one  chief  examiner  and  two  assistant  examiners  for  the 
examination  of  insane,  idiotic,  imbecile  and  epileptic  immigrants. 


28 


In  each  State  Hospital  and  Charitable  Institution: 

All  chaplains;  the  attorney  for  each  state  hospital;  the  treasurer  for 
each  state  charitable  institution. 

In  the  Department  of  Health: 

The  secretary;  the  medical  expert  on  contagious  diseases;  director  of 
the  cancer  laboratory. 

In  the  Department  of  Labor: 

First  deputy  commissioner  and  factory  inspector;  second  deputy  com 
missioner  and  chief  mediator ; one  mediator  of  industrial  disputes ; one 
confidential  clerk;  assistant  factory  inspector;  assistant  deputy  com- 
missioner and  counsel;  two  assistant  mediators;  one  mercantile  in- 
spector; one  confidential  agent  (classified  August  17,  1909). 

In  the  office  of  the  Forest,  Fish  and  Game  Commission : 

The  deputy  commissioner;  the  secretary;  one  auditor  of  fire  accounts  (as 
amended  July  15,  1909)  ; one  superintendent  of  marine  fisheries;  con- 
fidential secretary  to  the  superintendent  of  marine  fisheries;  the  chief 
game  protector;  four  attorneys;  one  deputy  superintendent  of  marine 
fisheries;  one  confidential  secretary  to  the  commissioner;  four  superin- 
tendents of  fires  (classified  July  15,  1909). 

In  the  office  of  the  Commissioner  of  Agriculture: 

One  assistant  commissioner;  one  detective;  one  confidential  clerk;  one 
confidential  agent. 

In  the  office  of  the  Commission  of  Immigration : 

The  secretary. 

In  the  office  of  the  Board  of  Tax  Commissioners: 

The  secretary;  two  expert  examiners  of  special  franchises;  one  confiden- 
tial appraiser,  seven  confidential  special  agents  (as  amended  July  15, 
1909). 

In  the  office  of  the  Commissioners  of  the  State  Reservation  at  Niagara: 

The  secretary  and  treasurer;  one  police  superintendent. 

In  the  Agricultural  Experiment  Station  at  Geneva: 

The  director. 

In  the  New  York  State  Reformatory  and  the  Eastern  New  York  Reformatory: 

The  superintendent  of  reformatories;  all  chaplains,  the  parole  agent 
(New  York  Prison  Association). 

In  the  New  York  State  Training  School  for  Girls  at  Hudson: 

The  superintendent. 

In  the  State  Agricultural  and  Industrial  School : 

All  chaplains;  one  custodian  to  be  employed  at  the  Rochester  plant 
pending  final  disposition  of  the  property. 


29 


In  the  Craig  Colony  at  Sonyea: 

One  agent  who  shall  also  be  the  treasurer. 

In  the  office  of  the  Superintendent  of  the  Onondaga  Salt  Springs: 

The  deputy  superintendent. 

In  the  office  of  the  Health  Officer  for  the  Port  of  New  York: 

All  officers  and  other  persons  employed  upon  boats  and  tugs  or  in  the 
quarantine  stations. 

In  the  office  of  the  Board  of  Port  Wardens: 

The  secretary;  the  collector. 

In  the  office  of  the  State  Water  Supply  Commission: 

The  secretary;  one  consulting  engineer. 

In  the  Soldiers  and  Sailors’  Home  at  Bath: 

The  commandant;  secretary  to  the  board  of  trustees;  one  cashier. 

In  the  office  of  the  Commission  on  New  Prisons: 

The  secretary. 

In  the  office  of  the  State  Fair  Commission: 

The  superintendent  of  grounds  and  buildings;  the  secretary;  the  treas- 
urer; the  superintendent  of  racing  department;  secretary  of  the 
horse  show. 

In  the  office  of  the  Racing  Commission : 

The  secretary;  the  counsel. 

In  the  office  of  the  Commissioners  of  the  Land  Office : 

Three  appraisers. 

In  the  office  of  the  Board  of  Statutory  Consolidation: 

Secretary  to  the  board. 

In  each  Normal  School : 

The  clerk  to  the  principal. 

In  the  office  of  the  Hudson-Fulton  Celebration  Commission: 

The  assistant  secretary. 

In  the  office  of  the  Interstate  Bridge  Commission: 

The  secretary;  the  counsel. 

In  the  office  of  the  New  York  Charter  Commission: 

One  counsel;  four  assistant  counsel;  one  secretary  to  the  counsel;  one 
clerk  or  secretary  to  the  commission. 

In  the  office  of  the  Board  of  Commissioners  of  the  Fire  Island  State  Park: 
The  secretary  and  treasurer. 


30 


In  the  office  of  the  Commission  to  Select  a Site  for  the  New  York  State 
Training  School  for  Boys: 

The  secretary. 

In  the  office  of  the  Commission  on  State  Farm  for  Women: 

The  secretary. 

In  the  Woman’s  Relief  Corps  Home  at  Oxford: 

All  positions  the  appointees  to  which  are  certified  to  the  commission  to 
be  veterans,  their  wives  or  widows,  army  nureses  residents  of  New 
York,  or  members  in  good  standing  of  the  Woman’s  Relief  Corps. 

In  the  office  of  the  State  Superintendent  of  Elections: 

The  chief  deputy;  the  clerk;  the  stenographer;  the  deputies  not  ex- 
ceeding the  number  fixed  by  law;  one  secretary;  the  counsel;  the  field 
deputy. 

In  the  New  York  State  Hospital  for  the  Care  of  Crippled  and  Deformed 
Children : 

Two  assistant  surgeons,  receiving  no  compensation;  one  house  surgeon, 
receiving  for  additional  services  as  steward,  compensation  not  to  ex- 
ceed $300  per  annum. 

In  the  office  of  the  Supreme  Court  Reporter: 

The  supreme  court  reporter;  one  deputy;  one  secretary. 

In  the  Courts: 

One  clerk,  and  one  deputy  clerk  if  authorized  by  law,  of  each  court;  one 
clerk,  stenographer,  attendant  or  other  assistant  to  each  elective  ju- 
dicial officer. 

In  the  Supreme  Court,  New  York  County: 

One  telephone  operator  in  the  justices’  room  in  the  county  court  house; 
one  confidential  attendant;  one  confidential  attendant  or  stenographer 
to  each  justice. 

In  the  Supreme  Court,  Kings  County: 

One  chief  attendant;  one  typewriter  operator. 

In  the  Supreme  Court,  Eighth  Judicial  District: 

One  court  attendant  and  telephone  operator  in  the  justices’  chambers  in 
Erie  county. 

In  the  Appellate  Division  Court  House,  New  York  City: 

One  custodian;  one  telephone  operator;  one  chief  engineer. 

In  the  Supreme  Court,  Appellate  Division,  First  Department: 

One  confidential  attendant  to  each  justice;  one  confidential  clerk  to  be 
appointed  under  Chapter  519,  Laws  of  1904;  one  crier,  one  consul- 
tation clerk  and  librarian  (classified  February  9,  1910). 


31 


In  the  Supreme  Court,  Appellate  Division,  Second  Department: 

Two  confidential  attendants;  two  typewriter  operators;  one  case  and 
consultation  clerk;  one  attendant  and  crier. 

In  the  Supreme  Court,  Appellate  Division,  Third  Department: 

Two  confidential  attendants. 

In  the  Supreme  Court,  Appellate  Division,  Fourth  Department: 

Two  confidential  attendants;  one  consultation  clerk. 

In  all  Offices,  Departments  and  Institutions: 

All  unskilled  laborers,  and  such  skilled  laborers  as  are  not  included  in 
the  competitive  class  or  the  non-competitive  class,  which  are  to  be 
specially  designated  in  the  regulations  prescribed  by  the  commission. 


COUNTY  SERVICE. 

All  unskilled  laborers,  and  such  skilled  laborers  as  are  not  included  in 
the  competitive  class  or  the  non-competitive  class,  which  are  to  be 
specially  designated  in  the  regulations  prescribed  by  the  commission. 

Albany  County. 

In  the  office  of  the  Board  of  Supervisors: 

The  sealer  of  weights  and  measures ; the  superintendent  of  soldiers’ 
burials;  the  county  attorney. 

In  the  County  Court: 

One  court  stenographer  acting  as  confidential  clerk  to  county  judge. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court. 

In  the  office  of  the  District  Attorney: 

First  assistant  district  attorney;  second  assistant  district  attorney;  one 
stenographer. 

In  the  office  of  the  Sheriff : 

Deputy  custodian  of  penitentiary;  two  chaplains  (as  amended  July 
22,  1909). 

In  the  office  of  the  County  Treasurer : 

One  deputy;  one  cashier  and  bookkeeper. 

In  the  Almshouse : 

One  deputy  superintendent  of  almshouse;  two  chaplains. 

In  the  office  of  the  City  Hall  Commission : 

One  superintendent. 


Chautauqua  County. 

In  the  office  of  the  County  Judge : 

One  clerk  or  stenographer. 


Z2 


In  the  office  of  the  County  Clerk: 

The  deputy. 

In  the  office  of  the  Surrogate: 

The  surrogate’s  clerk;  special  examiner  of  guardians’  accounts. 

In  the  office  of  the  Superintendent  of  the  Poor: 

The  matron  (wife  of  the  superintendent)  ; the  chaplain. 

In  the  office  of  the  District  Attorney: 

The  assistant  district  attorney;  one  stenographer. 

Erie  County. 

In  the  office  of  the  Board  of  Supervisors: 

One  attorney;  one  messenger;  one  burial  agent  for  deceased  soldiers. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court. 

In  the  office  of  the  District  Attorney: 

Six  assistant  district  attorneys;  two  stenographers. 

In  the  office  of  the  County  Clerk: 

One  deputy;  six  special  deputies  appointed  to  attend  upon  terms  of 
court,  to  wit:  One  for  each  of  the  three  Trial  Terms  of  the  Supreme 
Court,  one  each  for  the  Equity  Term  and  the  Special  Term  of  the 
Supreme  Court,  and  one  for  the  County  Court;  one  cashier;  one 
secretary. 

In  the  office  of  the  Sheriff : 

One  bookkeeper,  acting  as  cashier  (as  amended  July  22,  1909). 

In  the  office  of  the  County  Treasurer: 

One  deputy;  one  cashier;  one  secretary. 

In  the  office  of  the  Trustees  for  the  City  and  County  Hall: 

One  secretary. 

In  the  office  of  the  Commissioner  of  Jurors: 

One  deputy. 

In  the  office  of  the  Superintendent  of  the  Poor: 

One  deputy. 

In  the  Erie  County  Almshouse: 

One  deputy  keeper. 

In  the  Erie  County  Penitentiary: 

One  deputy  superintendent. 

In  the  office  of  the  County  Medical  Examiner: 

Deputy  county  medical  examiner;  chaplains. 

In  the  office  of  the  Commissioner  of  Elections: 

One  deputy  commissioner ; one  secretary. 


Kings  County. 


In  the  County  Court: 

The  chief  clerk;  one  deputy  clerk;  one  clerk  to  each  judge;  one  warden 
of  the  grand  jury. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court;  one  clerk  or  stenographer  to  the  surrogate. 

In  the  office  of  the  District  Attorney: 

Ten  assistant  district  attorneys ; one  chief  clerk ; one  stenographer ; two 
county  detectives. 

In  the  office  of  the  County  Clerk: 

One  deputy  as  general  clerk  of  the  Supreme  Court;  one  deputy  county 
clerk;  one  assistant  deputy  county  clerk;  one  secretary;  the  counsel; 
cashier. 

In  the  office  of  the  Register : 

One  deputy  register ; one  assistant  deputy  register ; one  secretary ; the 
counsel ; one  cashier,  mortgage  tax  bureau. 

In  the  office  of  the  Sheriff : 

The  counsel;  one  chief  clerk;  one  secretary;  one  jail  warden;  equity 
clerk;  assistant  clerk;  one  deputy  sheriff  assigned  as  attendant  in  the 
Appellate  Division  of  the  Supreme  Court,  Second  Judicial  Depart- 
ment (as  amended  July  22,  1909)  ; one  confidential  stenographer 
(classified  August  17,  1909). 

In  the  , office  of  the  Commissioner  of  Records : 

One  deputy;  one  superintendent;  one  secretary. 

Iri  the  office  of  the  Commissioner  of  Jurors: 

One  deputy  commissioner  of  jurors;  one  secretary. 

Monroe  County. 

In  the  office  of  the  Board  of  Supervisors: 

The  county  sealer;  one  chaplain  county  buildings. 

In  the  County  Court: 

One  stenographer  to  grand  jury;  one  court  stenographer  acting  as  con- 
fidential clerk  to  county  judge. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court;  one  deputy  clerk. 

In  the  office  of  the  District  Attorney: 

First  assistant  district  attorney;  second  assistant  district  attorney; 
third  assistant  district  attorney;  first  deputy  assistant  district  attor- 
ney; second  deputy  assistant  district  attorney;  one  deputy  sheriff  as- 
signed to  district  attorney’s  office;  two  stenographers. 


34 


In  the  office  of  the  County  Clerk: 

The  deputy  county  clerk;  the  first  assistant  deputy  county  clerk;  the 
second  assistant  deputy  county  clerk. 

In  the  office  of  the  Commissioner  of  Elections: 

The  deputy  commissioner;  the  secretary. 

In  the  office  of  the  Sheriff : 

One  chaplain  at  jail  (as  amended  July  22,  1909). 

In  the  office  of  the  County  Treasurer: 

One  cashier;  the  deputy  county  treasurer  (classified  March  12,  1910). 

In  the  office  of  the  Superintendent  of  the  Poor: 

One  deputy  superintendent;  the  warden;  one  matron;  two  chaplains. 

In  the  Monroe  County  Penitentiary: 

The  superintendent;  one  deputy  superintendent;  one  overseer;  two 
chaplains. 

In  the  office  of  the  County  Attorney: 

The  county  attorney. 

In  the  County  Court  House: 

The  superintendent. 

Nassau  County. 

In  the  office  of  the  County  Judge  and  Surrogate: 

Clerk  of  the  surrogate’s  Court;  stenographer  to  grand  jury. 

In  the  office  of  the  County  Clerk: 

The  deputy. 

In  the  office  of  the  District  Attorney: 

Assistant  to  the  district  attorney;  one  process  server  or  county  detective 

In  the  office  of  the  County  Treasurer: 

The  chief  clerk. 

New  York  County. 

In  the  ofiice  of  the  Surrogate: 

The  chief  clerk;  the  first  law  assistant  to  surrogate;  the  second  law  as- 
sistant to  surrogate;  the  third  law  assistant  to  surrogate;  the  clerk 
of  the  court;  one  clerk  to  the  surrogate;  one  clerk  to  the  additional 
surrogate. 

In  the  office  of  the  District  Attorney: 

Ten  assistant  district  attorneys;  thirty-seven  deputy  assistant  district 
attorneys  (as  amended  March  12,  1910)  ; one  chief  clerk;  one  sten- 
ographer to  grand  jury;  one  chief  law  stenographer;  five  law  sten- 
ographers; eight  process  servers;  two  indictment  clerks;  one  grand 
jury  clerk;  one  private  secretary;  one  confidential  clerk. 


35 


In  the  office  of  the  County  Clerk: 

Three  deputies;  one  cashier;  one  confidential  clerk  (secretary);  one 
assistant  special  deputy  of  the  county  clerk  in  Trial  Term,  Part  I 
(Criminal  Branch)  of  the  Supreme  Court,  provided,  however,  that 
such  clerk  shall  be  a deputy  clerk  in  the  Court  of  General  Sessions  of 
the  County  of  New  York. 

In  the  office  of  the  Commissioner  of  Records: 

One  superintendent;  one  secretary;  one  deputy. 

In  the  office  of  the  Sheriff: 

The  counsel ; one  warden ; one  cashier ; one  secretary ; one  confidential 
stenographer;  one  bond  clerk  (as  amended  July  22,  1909). 

In  the  office  of  the  Regi&'ter: 

The  deputy  register;  one  assistant  deputy  register;  the  chief  clerk;  one 
secretary;  one  cashier;  one  special  deputy  register,  one  cashier,  mort- 
gage tax  bureau. 

In  the  office  of  the  Public  Administrator: 

The  assistant  public  administrator;  one  agent. 

In  the  office  of  the  Commissioner  of  Jurors: 

Two  assistant  commissioners  of  jurors;  one  secretary. 

In  the  Court  of  General  Sessions: 

One  clerk;  one  deputy  clerk;  one  attendant  to  each  judge. 

Niagara  County. 

In  the  County  and  Surrogate’s  Courts: 

Clerk  of  the  court;  stenographer  to  the  county  judge  and  surrogate. 

In  the  office  of  the  District  Attorney: 

One  assistant  district  attorney;  stenographer  to  the  grand  jury. 

In  the  office  of  the  County  Clerk: 

The  deputy. 

In  the  office  of  the  County  Treasurer: 

The  deputy. 

In  the  office  of  the  Superintendent  of  the  Poor: 

The  matron  at  the  almshouse  (wife  of  superintendent)  ; the  physician. 


Oneida  County. 

In  the  office  of  the  District  Attorney: 

The  assistant  district  attorney;  one  stenographer;  county  detective. 

Appointed  by  the  Board  of  Supervisors: 

The  attorney;  jail  physician,  Utica;  jail  physician,  Rome. 

In  the  office  of  the  County  Clerk: 

The  deputy. 


In  the  Surrogate’s  Court: 
The  clerk  of  the  court. 


36 


In  the  County  Court: 

The  clerk  of  the  court  (as  amended  September  3,  1909). 

In  the  office  of  the  Superintendent  of  the  Poor: 

The  matron  (wife  of  the  superintendent)  ; chaplains. 

In  the  office  of  the  Sheriff : 

Counsel  to  the  sheriff  (classified  September  18,  1909). 

In  the  office  of  the  County  Treasurer: 

The  assistant  or  deputy  (classified  October  8,  1909). 

The  agent  of  the  State  Charities  Aid  Association. 

Coroner’s  physicians. 


i Onondaga  County. 

In  the  office  of  the  Board  of  Supervisors: 

The  sealer  of  weights  and  measures;  the  purchasing  agent;  the  county 
attorney. 

In  the  office  of  the  Purchasing  Agent : 

The  deputy. 

In  the  County  Court: 

One  court  stenographer  acting  as  confidential  clerk  to  county  judge  and 
also  acting  as  stenographer  to  grand  jury. 

In  the  County  Court  House: 

The  superintendent. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court. 

In  the  office  of  the  District  Attorney: 

The  first  assistant  district  attorney;  second  assistant  district  attorney; 
third  assistant  district  attorney;  one  confidenial  clerk. 

In  the  office  of  the  County  Clerk: 

Two  deputy  county  clerks;  one  cashier,  mortgage  tax  bureau. 

In  the  office  of  the  Sheriff : 

The  criminal  deputy  sheriff,  two  office  deputies  (as  amended  July  22, 
1909). 

In  the  office  of  the  County  Treasurer: 

The  deputy  county  treasurer ; the  cashier. 

In  the  office  of  the  Superintendent  of  the  Poor: 

The  deputy  superintendent;  one  keeper;  one  matron;  two  chaplains. 


37 


In  the  Onondaga  County  Penitentiary: 

The  superintendent;  one  deputy  superintendent;  two  chaplains;  three 
inspectors ; one  organist. 

In  the  office  of  the  Commissioner  of  Elections: 

The  secretary. 

Orange  County. 

In  the  office  of  the  District  Attorney: 

The  assistant  district  attorney;  one  county  detective  (classified  March 
12,  1910). 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court. 

In  the  office  of  the  County  Clerk: 

The  deputy. 

In  the  County  Court : 

Stenographer  to  the  grand  jury. 

In  the  office  of  the  Superintendent  of  the  Poor: 

Superintendent  woman’s  building  (wife  of  superintendent). 

Queens  County. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  surrogate’s  court;  one  clerk  or  stenographer  to  the  sur- 
rogate. 

In  the  office  of  the  District  Attorney: 

One  assistant  district  attorney;  three  deputy  assistant  district  attorneys; 
one  chief  clerk,  the  position  to  be  filled  by  a person  duly  and  regularly 
admitted  as  an  attorney  and  counselor-at-law  in  the  State  of  New 
York;  one  stenographer;  two  county  detectives  (as  amended  July 
15,  1909). 

In  the  office  of  the  Commissioner  of  Jurors: 

The  assistant  commissioner  of  jurors. 

In  the  County  Court: 

One  confidential  clerk  to  the  county  judge. 

In  the  office  of  the  Sheriff : 

The  counsel,  the  chief  clerk,  one  cashier,  one  stenographer  (classified 
March  12,  1910.) 


Rensselaer  County. 
In  the  office  of  the  County  Judge: 

Clerk  to  the  county  judge. 


In  the  office  of  the  County  Treasurer: 
The  deputy. 


38 


In  the  office  of  the  District  Attorney: 

The  assistant  district  attorney;  stenographer  to  the  grand  jury;  the 
county  detective. 

In  the  office  of  the  Surrogate: 

Clerk  of  the  surrogate’s  court. 

Appointed  by  the  Board  of  Supervisors: 

The  county  attorney;  the  sealer  of  weights  and  measures;  superintendent 
of  burials  of  indigent  soldiers,  sailors  and  marines. 

In  the  office  of  the  Superintendent  of  the  Poor: 

The  matron  (wife  of  the  keeper). 

Richmond  County. 

In  the  office  of  the  County  Clerk: 

The  deputy  county  clerk  (classified  February  9,  1909). 

p" 

In  the  office  of  the  County  Judge  and  Surrogate: 

The  clerk  of  the  surrogate’s  court;  one  confidential  clerk. 

In  the  office  of  the  District  Attorney: 

One  stenographer ; one  special  messenger  and  subpoena  server ; one  as- 
sistant district  attorney. 

In  the  office  of  the  Commissioner  of  Jurors: 

The  assistant  commissioner  of  jurors. 

Suffolk  County. 

In  the  Surrogate’s  Court: 

Clerk  of  the  court. 

In  the  office  of  the  County  Judge: 

One  clerk  or  stenographer. 

In  the  office  of  the  County  Clerk: 

The  deputy. 

In  the  office  of  the  District  Attorney: 

One  clerk  or  stenographer;  the  county  detective. 

In  the  office  of  the  Superintendent  of  the  Poor: 

Matron  at  the  almshouse  (wife  of  keeper). 

Ulster  County. 

Appointed  by  the  Board  of  Supervisors: 

The  county  attorney. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court. 


39 


In  the  County  Court: 

The  stenographer  to  the  grand  jury. 

In  the  office  of  the  County  Clerk: 

The  deputy. 

In  the  office  of  the  District  Attorney: 

The  assistant  district  attorney. 

In  the  office  of  the  Superintendent  of  the  Poor: 

Chaplains;  the  physician;  the  matron  (wife  of  keeper). 

Westchester  County. 

In  the  County  Court: 

One  court  stenographer. 

In  the  office  of  the  Surrogate: 

The  clerk  of  the  court;  one  clerk  or  attendant  to  surrogate;  one  deputy 
clerk  of  the  court. 

In  the  office  of  the  District  Attorney: 

First  assistant  district  attorney;  second  assistant  district  attorney;  one 
clerk;  the  stenographer  to  grand  jury. 

In  the  office  of  the  Sheriff : 

The  sheriff’s  clerk;  the  attorney  (as  amended  July  22,  1909). 

In  the  office  of  the  County  Treasurer: 

The  deputy  treasurer;  one  cashier  (classified  March  21,  1910). 

In  the  office  of  the  Commissioner  of  Jurors: 

One  deputy. 

In  the  office  of  the  Register: 

One  mortgage  tax  deputy;  one  cashier,  mortgage  tax  bureau. 

In  the  office  of  the  Superintendent  of  the  Poor: 

One  keeper;  one  matron;  two  chaplains. 

In  the  office  of  the  Commissioner  of  Elections: 

The  secretary;  the  deputy  commissioner. 

In  the  office  of  the  Board  of  Supervisors: 

The  county  attorney;  the  superintendent  of  the  county  building.  (As 
amended  April  16,  1910.) 

VILLAGE  SERVICE. 

All  unskilled  laborers,  and  such  skilled  laborers  as  are  not  included  in  the 
competitive  class  or  the  noncompetitive  class,  which  are  to  be  specially  desig- 
nated in  the  regulations  prescribed  by  the  commission.  (Added  April  16, 

1910.) 


40 


Batavia : 

Treasurer;  attorney;  police  justice;  engineer  and  surveyor  (per  diem 
employment)  ; first  and  second  assistant  chiefs,  fire  department  (each 
$50  per  annum)  ; consulting  engineer,  sewer  commission ; attorney, 
sewer  commission;  clerk  board  of  health,  who  is  also  registrar  of  vital 
statistics.  (As  amended  April  16,  1910.) 

Canandaigua: 

Attorney. 

Ossining. 

Counsel;  police  justice;  twTo  engineers,  fire  department  ($75  each  per 
annum);  one  fireman  (stoker),  fire  department  ($37.50  per  annum); 
engineer  and  surveyor  (per  diem  employment).  (As  amended  April 
16,  1910.) 

Peekskill. 

Attorney;  police  justice;  acting  police  justice;  engineer  and  surveyor 
(per  diem  employment). 

Port  Chester: 

Corporation  counsel;  assessor;  police  justice;  acting  police  justice;  sec- 
retary  board  of  health,  who  is  also  registrar  of  vital  statistics.  (As 
amended  April  16,  1910.) 

Saratoga  Springs: 

Attorney;  engineer  and  surveyor  (per  diem  employment)  ; secretary 
board  of  health  acting  as  registrar;  call  firemen,  tire  department  ($60 
each  per  annum).  (As  amended  April  16,  1910.) 

White  Plains: 

Treasurer;  engineer  and  surveyor  (per  diem  employment)  ; attorney; 
tax  collector;  police  justice. 

No  provision  in  these  rules,  except  those  relating  to  certification  of  payroll^ 
shall  be  held  to  apply  to  any  employee  or  appointee  of  a sheriff  whose  duty 
relates  exclusively  or  in  part  to  the  functions'  of  the  sheriff's  office  in  civil 
matters.  (See  opinion  of  the  Court  of  Appeals  in  the  matter  of  Flaherty, 
Sheriff  of  Kings  County  v.  State  Civil  Service  Commission.)  (Added  July 
22,  1909.) 

Rule  VI.  Appointments  in  the  Exempt  Class. 

Appointments  may  be  made  to  the  exempt  class  without  examination. 
Notification  of  such  appointments  shall  be  made  forthwith  to  the  commis- 
sion for  entry  upon  the  official  roster  and  subsequent  certification  for  payment 
of  salaries. 

Rule  VII.  The  Competitive  Class. 

The  competitive  class  shall  include  all  positions  now  existing  or  hereafter 
created  of  whatever  function,  designation  or  compensation  in  each  and  every 
branch  of  the  classified  service,  except  such  positions  as  are  specifically  desig- 
nated in  the  exempt  class  or  the  non-competitive  class,  arranged  in  the  follow- 
ing groups  and  subdivisions: 


41 


GROUPS  BASED  UPON  THE  CHARACTER  OF  THE  SERVICE 
RENDERED. 

Group  A.  Clerks,  which  term  shall  include  all  positions,  the  duties  of  which 
are  of  a clerical  character,  and  which  are  not  otherwise  specifically  provided 
for  herein. 

Subdivision  1.  Secretaries,  chief  clerks. 

2.  Clerks,  recorders,  registers,  copyists. 

3.  Clerks  with  special  educational  requirements. 

4.  Bookkeepers,  accountants. 

5.  Stenographers  and  typewriters. 

6.  Pages,  office  boys  and  girls. 

Group  B.  Cashiers,  which  term  shall  include  all  positions,  the  duties  of 
which  are  the  actual  receipt,  custody  or  disbursement  of  money  or  the  en- 
forcement of  the  accountability  for  the  same. 

Subdivision  1.  Cashiers,  tellers,  paymasters,  disbursing  agents  or  clerks, 
financial  clerks. 

2.  Auditors,  comptrollers. 

Group  C.  Custodians  and  messengers,  which  term  shall  include  all  positions, 
the  duties  of  which  are  the  charge  of  property  or  persons,  or  as  attendants. 
Subdivision  1.  Stewards  who  are  not  disbursing  agents,  superintendents  of 
buildings. 

2.  Matrons. 

3.  Storekeepers. 

4.  Prison  and  reformatory  keepers  and  guards. 

5.  Officers,  attendants,  nurses,  etc.,  having  care  of  inmates  of 

institutions  and  hospitals. 

6.  Protectors  of  forest,  fisheries  and  game. 

7.  Messengers,  ushers,  attendants,  orderlies,  marshals,  criers, 

porters,  watchmen  in  courts  and  offices. 

8.  Janitors. 

9.  Elevatormen. 

Group  D.  Engineers,  which  term  shall  include  all  positions  where  qualifica- 
tions of  an  engineering  or  cognate  character  are  required. 

Subdivision  1.  Civil  engineers. 

2.  Levelers,  surveyors,  rodmen. 

3.  Chainmen. 

4.  Architects. 

5.  Architectural  draftsmen. 

6.  Engineering  draftsmen. 

7.  Chief  engineers. 

8.  Electrical  engineers,  dynamo  tenders,  electricians. 

9.  Steam  engineers,  firemen,  engine  drivers. 

Group  E.  Inspectors,  which  term  shall  include  all  positions,  the  duties  of 
which  are  the  inspection  of  materials  or  workmanship  or  the  supervision  of 
laborers. 


42 


Subdivision  1.  Superintendents  of  construction  or  repairs  when  not  civil  en- 
gineers or  architects. 

2.  Inspectors  of  masonry,  iron  work  and  other  materials  and 

workmanship. 

3.  Electrical  inspectors. 

4.  Overseers,  foremen. 

Group  F.  Special  agents,  which  term  shall  include  all  positions  requiring 
detective  ability. 

Subdivision  1.  Examiners  for  the  banking  department. 

2.  Examiners  for  the  insurance  department. 

3.  Examiners  for  the  comptroller  and  other  state  officers. 

4.  Examiners  for  state  boards  and  commissions. 

5.  Deputy  factory  inspectors. 

6.  Special  excise  agents. 

7.  Inspectors  of  milk,  butter,  cheese,  vinegar,  etc. 

Group  G.  Law  positions,  which  term  shall  include  all  positions  requiring 
some  legal  knowledge. 

Subdivision  1.  Law  clerks,  brief  clerks,  statutory  revision  clerks,  clerks  in 
other  offices  whose  duties  require  some  legal  knowledge. 

2.  Corporation  examiners  and  clerks. 

3.  Clerks  of  courts. 


Group  H.  Medical  positions,  which  term  shall  include  all  positions  requir- 
ing medical  or  pharmaceutic  knowledge. 

Subdivision  1.  Superintendents  of  asylums  and  hospitals,  who  are  necessarily 
physicians. 

2.  Physicians,  surgeons. 

3.  Medical  examiners. 

4.  Medical  internes. 

5.  Pathologists. 

6.  Health  officers. 

7.  Sanitary  experts  and  inspectors. 

8.  Pharmacists,  apothecaries, 

9.  Veterinarians. 


Group  I.  Mathematicians,  which  term  shall  include  all  positions  requiring 
special  mathematical  qualifications. 

Subdivision  1.  Actuaries,  statisticians,  computers. 

2.  Expert  accountants. 


Group  J.  Scientists,  which  term  shall  include  all  positions  requiring  special 
scientific  knowledge. 

Subdivision  1.  Geologists. 

2.  Paleontologists. 

3.  Botanists. 

4.  Entomologists. 

5.  Bacteriologists. 

6.  Chemists. 


Group  K.  Agriculturists,  which  term  shall  include  all  positions  requiring 
agricultural  or  horticultural  knowledge,  including  arboriculture  and  the  breed- 
ing and  care  of  domestic  animals. 

Subdivision  1.  Agriculturists,  farmers. 

2.  Horticulturists,  gardeners,  arboriculturists. 

Group  L.  Instructors,  which  term  shall  include  all  positions,  the  duties 
of  which  are  scholastic  instruction  or  to  educate  or  test  the  ability  to  instruct. 

Subdivision  1.  Principals  of  schools. 

2.  Teachers  in  all  branches,  other  than  such  as  are  otherwise 

specially  provided  for  in  this  classification. 

3.  Examiners  of  educational  and  scholastic  qualifications. 

Group  M.  Mechanics  and  craftsmen,  which  term  shall  include  all  positions 
requiring  special  mechanical  skill,  or  as  tradesmen,  not  classed  as  laborers. 

Subdivision  1.  Mechanics,  craftsmen  and  tradesmen,  whose  duties  shall  be 
actual  service  as  such. 

2.  Instructors  in  any  handicraft  or  mechanical  or  other  trade. 

Group  X.  Miscellaneous  positions,  which  term  shall  include  all  positions 
requiring  expert  or  other  qualifications  not  embraced  in  the  exempt  or  non- 
competitive classes,  or  in  other  groups  in  this  class. 

Subdivision  1.  Superintendents  of  institutions,  who  are  not  necessarily 
physicians  or  instructors. 

2.  Chief  and  assistant  librarians. 

3.  Interpreters. 

4.  Proofreaders. 

5.  Superintendents  of  hatcheries. 

b.  Other  positions,  except  those  specifically  named  in  this 
classification  as  in  other  groups  or  hereafter  included  in 
them. 

1.  The  omission  in  the  above  classification  of  any  official  designation  or 
appellation  of  a position  in  the  service  shall  not  exclude  such  position  from 
the  classification,  as  it  will  be  comprised  in  the  group  and  subdivision  to 
which  it  belongs  by  the  general  definition  and  specifications  of  such  group 
and  subdivision. 

2.  The  commission  may  further  subdivide  for  the  purposes  of  examination 
the  positions  in  any  group  or  subdivision  thereof,  so  as  to  test  practically  the 
special  qualifications  requisite  for  such  positions. 

3.  The  classification  of  all  positions  shall  be  governed  solely  by  the  respect- 
ive duties  and  functions  of  such  positions,  and  in  requesting  from  the  com- 
mission certifications  from  eligible  lists  for  selection  for  appointment,  the 
heads  of  offices  shall  give  in  detail  the  duties  attached  to  such  positions,  and 
shall  name  so  near  as  may  be  the  groups  and  subdivisions  that  comprise  re- 
spectively such  duties  and  functions. 

4.  For  the  purpose  of  orderly  arrangement  and  of  regulated  promotion,  the 
positions  in  each  subdivision  of  each  group  shall  be  divided  into  grades  based 
upon  the  rates  of  annual  compensation. 

Grades  of  employment  fixed  by  law,  or  by  regulation  of  any  department, 
office  or  institution  made  in  pursuance  of  law,  shall  be  the  grades  for  pur- 
poses of  promotion  under  this  rule. 


44 


In  the  Supreme  Court  and  the  County  Court,  county  of  Kings,  positions 
shall  be  graded  as  follows: 

Grade  A.  Court  officers  or  court  attendants,  salaries  from  $1,500  to  $1,800 
per  annum,  inclusive. 

Grade  B.  Clerks  and  assistant  clerks,  salaries  $2,000  to  $4,500  per  annum. 

Grade  C.  Court  interpreters,  salaries  $1,500  to  $2,500  per  annum. 

Grade  D.  Court  stenographers,  salaries  $3,000  per  annum. 

Promotions  from  Grade  A to  Grade  B will  be  allow  upon  competitive 
examination. 

In  all  other  cases  positions  shall  be  graded  as  follows : 

Grade  1.  All  positions,  the  compensation  of  which  is  at  the  rate  of  not 
more  than  $360  per  annum. 

Grade  2.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $360',  but  not  more  than  $480  per  annum. 

Grade  3.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $480,  but  not  more  than  $600  per  annum. 

Grade  4.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $600,  but  not  more  than  $720  per  annum. 

Grade  5.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $720,  but  not  more  than.  $900  per  annum. 

Grade  6.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $900,  but  not  more  than  $1,200  per  annum. 

Grade  7.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $1,200,  but  not  more  than  $1,500  per  annum. 

Grade  8.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $1,500,  but  not  more  than  $1,800  per  annum. 

Grade  9.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $1,800,  but  not  more  than  $2,100  per  annum. 

Grade  10.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $2,100,  but  not  more  than  $2,400  per  annum. 

Grade  11.  All  positions,  the  compensation  of  which  is  at  the  rate  of  more 
than  $2,400,  but  not  more  than  $3,000  per  annum. 

Grade  12.  All  positions,  the  compensation  of  which  is  at  the  rate  of 
more  than  $3/300  per  annum. 

Rule  VIII.  Appointments  to  Positions  in  the  Competitive  Class. 

1.  Appointments  shall  be  made  to  or  employment  shall  be  given  in  all 
positions  in  the  competitive  class  that  are  not  filled  by  promotion,  reinstate- 
ment, transfer  or  reduction  under  these  rules  by  selection  from  the  persons 
graded  highest  on  the  most  nearly  appropriate  eligible  list  resulting  from  open 
competitive  examination  held  by  the  commission,  except  as  herein  otherwise 
provided. 

2.  Whenever  an  appointing  officer  shall  request  a certification  from  the  com- 
mission for  appointment  to  or  employment  in  any  position  in  the  competitive 
class  he  shall  specify  the  title,  duties  and  compensation  of  such  position,  so 
that  certification  may  be  made  from  the  proper  eligible  list,  or  that  when 
necessary  a proper  eligible  list  may  be  prepared  as  the  result  of  an  open 
competitive  examination  held  for  that  purpose.  The  secretary  shall  thereupon 
as  soon  as  practicable  certify  to  the  appointing  officer  for  appointment,  from 


45 


the  eligible  list  most  nearly  appropriate  to  such  position,  as  it  may  then 
exist,  the  names  of  the  three  persons,  if  there  be  so  many,  standing  highest 
on  such  eligible  list,  indicating  such  of  them,  if  any,  as  are  honorably  dis- 
charged soldiers,  sailors  or  marines  from  the  army  or  navy  of  the  United 
States  in  the  late  civil  war,  citizens  and  residents  of  this  state,  together  with 
the  average  percentages  and  postoffice  addresses"  of  such  persons.  If  the 
appointing  officer  shall  notify  the  commission  of  more  than  one  vacancy  at 
any  time,  the  secretary  shall  certify  to  the  appointing  officer  the  names  of  as 
many  persons  as  there  are  vacancies  to  be  tilled,  with  the  addition  of  two 
names.  No  person  §hall  be  certified  from  an  eligible  list  more  than  three  times 
to  the  same  appointing  officer  for  the  same  or  a similar  position,  except  at  the 
request  of  said  officer,  unless  the  person  so  certified  is  a veteran,  in  which  case 
his  name  shall  continue  to  be  certified  so  long  as  it  remains  on  the  eligible 
list  under  these  rules.  W henever  the  sex  of  those  whose  names  are  to  be  certi- 
fied is  fixed  by  any  law,  rule  or  regulation,  or  is  specified  in  the  request  for  cer- 
tification, the  names  of  those  of  the  sex  so  fixed  or  specified  shall  be  certified, 
but  in  other  cases  certification  shall  be  made  without  regard  to  sex.  When 
an  eligible  certified  for  appointment  shall  fail  to  accept  an  offer  of  appoint- 
ment, by  mail  within  the  four  business  days  next  succeeding  the  mailing  of 
notice  of  appointment,  or  shall  fail  to  accept  an  appointment  within  the  same 
or  next  succeeding  business  day  when  notification  is  sent  him  by  telegram,  he 
shall  be  deemed  to  have  declined  the  appointment,  and  upon  proper  notice  of 
such  fact  from  the  appointing  officer  the  secretary  shall  certify  from  the  list 
an  additional  name  or  names  to  replace  the  names  of  persons  so  declining.  An 
eligible  who  has  declined  an  appointment  shall  not  thereafter  be  certified  for 
a position  at  the  same  or  any  less  salary  except  upon  his  written  request  to 
the  commission.  Whenever  one  or  more  eligibles  shall  have  declined  any 
appointment  offered  and  an  eligible  whose  relative  standing  is  lower  shall  have 
been  appointed  to  the  position,  the  salary  or  compensation  of  such  appointee 
shall  not  be  increased  within  a period  of  six  months  after  his  appointment 
beyond  that  offered  to  the  persons  so  declining. 

3.  From  the  persons  whose  names  are  so  certified  the  officer  shall  make 
selection  to  fill  the  vacancy  or  vacancies,  subject,  however,  to  the  provisions 
of  the  constitution  giving  preference  in  appointment  to  veterans.  Whenever 
the  appointing  officer  who  shall  have  made  a requisition  to  fill  a certain 
number  of  vacancies  shall  appoint  a number  smaller  than  that  of  the  vacancies 
named  by  him,  he  shall  not  make  selection  from  the  whole  number  certified 
to  him  but  only  that  number  of  names  standing  highest  upon  the  list  that 
would  have  been  certified  to  him  had  the  requisition  staged  the  number  of 
vacancies  which  he  actually  filled.  Whenever  the  eligible  list  certified  con- 
tains less  than  three  names,  the  appointing  officer  in  his  discretion  may  make 
a selection  for  appointment  from  such  list  or  proceed  as  provided  in  section 
four  or  section  ten  of  this  rule,  subject,  however,  to  the  provisions  of  the 
constitution  giving  preference  in  appointment  to  veterans. 

4.  Whenever  there  are  urgent  reasons  for  filling  a vacancy  in  any  position 
in  the  competitive  class,  and  there  is  no  list  of  persons  eligible  for  appoint- 
ment after  competitive  examination,  or  the  existing  list  contains  less  than 
three  names,  the  appointing  officer  may  nominate  a person  to  the  commission 
for  non-competitive  examination,  and  if  such  nominee  shall  be  certified  by 
such  commission  as  qualified  after  such  non-competitive  examination,  he  may 
be  appointed  provisionally  to  fill  such  vacancy  until  a selection  and  appoint- 


46 


ment  can  be  made  after  competitive  examination,  but  such  provisional 
appointment  shall  not  continue  more  than  ten  days  after  notice  to  the 
appointing  officer  that  an  eligible  list  has  been  prepared  for  such  position, 
nor  in  any  case  for  a longer  period  than  two  months. 

5.  In  case  of  vacancy  in  any  position  in  the  competitive  class,  where 
peculiar  and  exceptional  qualifications  of  a scientific,  professional  or  educa- 
tional character  are  required,  and  upon  satisfactory  evidence  that  for  specified 
reasons  competition  in  such  special  case  is  impracticable,  and  that  the  position 
can  be  best  filled  by  the  selection  of  some  designated  person  of  high  and 
recognized  attainments  in  such  qualities,  the  commission  may  suspend  the 
provisions  of  the  rule  requiring  competition  in  such  case,  but  no  such  sus- 
pension shall  be  general  in  its  application  to  such  place,  and  all  such  cases 
of  suspension  shall  be  reported  to  the  legislature,  with  the  reasons  for  the 
same. 

6.  When  the  services  to  be  rendered  by  an  appointee  are  for  a temporary 
period,  not  to  exceed  one  month,  and  the  need  of  such  service  is  important 
and  urgent,  the  appointing  officer  may  select  for  such  service  any  person  on 
the  proper  list  of  those  eligible  for  permanent  appointment,  without  regard 
to  his  standing  on  such  list. 

7.  No  person  shall  be  eligible  to  temporary  appointment  to  any  position  in 
the  competitive  class  if  he  has  received  a temporary  or  provisional  appoint- 
ment within  the  previous  four  months,  unless  such  person  shall  be  one  of  the 
three  highest  on  the  list  willing  to  accept  such  employment. 

8.  The  acceptance  by  an  eligible  of  a temporary  appointment  shall  not  affect 
his  standing  on  the  register  for  a permanent  employment,  nor  shall  the  period 
of  temporary  service  be  counted  as  part  of  the  probationary  service,  in  case  of 
subsequent  appointment  to  a permanent  position. 

9.  The  commission  may  by  special  action  except  from  examination  under 
these  rules  any  person  engaged  in  private  business  who  shall  render  any  pro- 
fessional, scientific,  technical  or  other  expert  service  of  an  occasional  and 
exceptional  character  to  any  appointing  officer,  and  whose  compensation  in 
any  one  year  shall  not  exceed  $300;  provided,  that  such  limitation  of  com- 
pensation shall  not  apply  to  any  such  person  employed  by  the  governor, 
comptroller  or  attorney-general;  and  further  provided,  that  the  commission 
may  suspend  such  limitation  of  compensation  by  special  resolution  in  other 
cases.  All  exceptions  granted  under  this  section,  with  reasons  therefor,  shall 
be  set  forth  by  the  commission  in  its  next  annual  report.  (As  amended 
April  16,  1910.) 

10.  Whenever  a vacancy  exists  in  a position  in  the  competitive  class,  and 
an  open  competitive  examination  duly  advertised  does  not  result  in  an  eligible 
list  of  at  least  three  names  for  such  position,  the  head  of  the  office  may  nomi- 
nate a person  to  the  commission  for  non-competitive  examination,  and  if  such 
nominee  shall  be  certified  by  the  commission  as  qualified,  he  may  be  appointed 
to  fill  such  vacancy.  In  case  there  is  a person  serving  in  such  a position 
under  provisional  examination,  and  no  one  applies  to  compete  with  him  in 
an  open  competitive  examination  duly  advertised,  the  provisional  appoint' 
ment  of  such  person  may  be  made  permanent. 

11.  A person  legally  holding  a position  by  appointment  for  a fixed  term, 
may  be  retained  without  examination  at  the  expiration  of  such  term  upon 
receiving  a reappointment,  but  otherwise  the  position  shall  be  deemed  vacant 
for  the  purpose  of  choosing  his  successor. 


47 


Rule  IX.  Applications  to  Enter  Examinations. 

1.  No  person  shall  be  admitted  to  any  examination  for  a position  in  the 
competitive  class,  until  as  provided  by  the  civil  service  law,  he  shall  have  filed 
an  application  under  oath  upon  a form  pres.iibed  by  the  commission  and 
accompanied  by  such  certificates  as  may  be  prescribed. 

2.  Every  applicant  for  examination  must  be  a citizen  of  the  United  States, 
and  an  actual  resident  of  the  state  of  New  York  at  the  time  of  his  application, 
provided,  that  such  requirements  as  to  citizenship  and  residence  may  be 
specially  suspended  by  the  commission  as  to  any  position  requiring  high  pro- 
fessional, scientific  or  technical  qualifications,  or  in  cases  where  through  low 
compensation  for  services  such  requirements  are  disadvantageous  to  the  public 
interests,  but  all  such  cases,  whether  of  individuals  or  groups,  with  the 
reasons  therefor,  shall  be  reported  to  the  legislature. 

3.  No  application  for  examination  shall  be  accepted,  unless  the  applicant  is 
within  the  age  limitations  fixed  by  the  commission  for  entrance  to  the  posi- 
tion to  which  he  seeks  to  be  appointed. 

4.  The  commission  may  refuse  to  examine  an  applicant,  or  after  examina- 
tion to  certify  an  eligible  who  is  found  to  lack  any  of  the  established  prelimi- 
nary requirements  for  the  examination  or  position  for  which  he  applies;  or 
who  is  physically  so  disabled  as  to  be  rendered  unfit  for  the  performance  of 
the  duties  of  the  position  to  which  he  seeks  appointment ; or  who  is  addicted 
to  the  habitual  use  of  intoxicating  beverages  to  excess;  or  who  has  been 
guilty  of  a crime  or  of  infamous  or  notoriously  disgraceful  conduct;  or  who 
has  been  dismissed  from  the  service  for  delinquency  or  misconduct  ; or  who  has 
intentionally  made  a false  statement  in  any  material  fact,  or  practiced  or 
attempted  to  practice,  any  deception  or  fraud  in  his  application  or  examina- 
tion, or  in  securing  his  eligibility  or  appointment.  Any  of  the  foregoing 
disqualifications  shall  be  good  cause  for  the  removal  of  an  eligible  from  the 
service  after  his  appointment. 

5.  In  applications  for  examination  for  positions  requiring  scientific,  pro- 
fessional or  technical  qualifications,  the  commission  may  require  evidences  of 
special  education  for,  or  of  practical  experience  for  a satisfactory  term  in, 
such  science,  profession,  art  or  trade ; and  shall  require  the  production  of 
such  certificates  of  competency  and  licenses  as  are  provided  by  the  statutes  of 
this  state  as  necessary  to  enable  the  praetiee  of  any  profession,  art  or  trade. 

6.  Any  application  for  a position  in  the  civil  service  made  in  contravention 
of  the  provisions  of  section  4 of  rule  II,  will  be  rejected. 

Rule  X.  Examinations. 

1.  All  examinations  shall  be  public  and  shall  be  practical  in  their  character 
and  relate  to  such  matters  as  will  fairly  test  the  relative  capacity  and  fitness 
of  the  persons  examined  to  discharge  the  duties  of  that  service  into  which 
they  seek  to  be  appointed. 

2.  The  commission  shall  prepare  lists  of  preliminary  requirements  and  sub- 
jects of  examination  for  the  several  positions  and  groups  of  positions  in  the 
competitive  class,  and  under  its  direction  and  subject  to  its  approval  the  chief 
examiner  shall,  from  time  to  time,  prepare  such  examinations  for  the  posi- 
tions and  groups  of  positions  aforesaid  as  Shall  be  pertinent  to  them,  under 
the  provisions  of  the  preceding  section  of  this  rule. 


48 


3.  The  commission  may  further  direct  oral  examinations  or  special  practical 
tests  of  fitness  for  any  particular  positions  requiring  any  scientific,  profes- 
sional or  technical  knowledge  or  manual  skill. 

4.  For  the  purpose  of  making  examinations  of  applicants,  from  time  to  time, 
as  may  be  required,  the  commission  shall  designate  and  select  suitable 
persons  to  be  local  examiners  at  such  places  as  it  deems  necessary,  and  shall 
duly  commission  such  persons  as  examiners;  and  the  commission  may  at  any 
time  substitute  any  other  person  in  place  of  any  one  so  selected.  When  per- 
sons selected  as  examiners  are  in  the  official  service  of  the  state,  the  head  of 
the  office  in  which  such  persons  serve  shall  be  consulted;  and  in  the  dis- 
charge of  their  duties  as  examiners,  the  persons  so  selected  from  the  official 
service  shall  be  responsible  solely  to  the  commission,  and  shall  act  under  its 
regulations  and  directions.  The  local  examiners  in  any  place  where  more 
than  one  is  required  shall  not  all  be  adherents  of  one  political  party  when 
other  persons  are  available  and  competent  to  serve. 

5.  Examinations  of  a general  character  shall  be  held  at  least  once  a year 
in  each  of  the  places  for  which  provision  is  made  by  law,  and  may  be  held 
more  often  in  such  places,  or  at  other  places  for  specific  purposes  in  the  discre- 
tion of  the  commission;  and  under  its  direction  the  chief  examiner  shall  adver- 
tise such  examinations  in  such  manner  as  their  nature  may  require.  Previous 
notice  of  examinations  shall  be  mailed  to  all  persons  who  have  made  applica- 
tion in  due  form,  with  copies  of  such  general  or  special  regulations  as  the 
commission  shall  prescribe. 

6.  Whenever  physical  qualifications  are  of  prime  importance  in  the  proper 
discharge  of  duties  in  any  position,  applicants  must  pass  a physical  examina- 
tion and  be  certified  as  qualified  in  such  respect,  either  before  admission  to 
examination,  or  before  record  in  the  proper  eligible  list,  or  before  certification 
for  appointment,  as  the  commission  may  determine. 

7.  Whenever,  in  its  opinion,  any  position  to  be  filled  in  the  competitive  class 
has  a fiduciary  or  executive  character,  the  commission  may  require,  as  a part 
of  the  examination,  such  special  certificates  by  reputable  and  responsible  citi- 
zens as  to  the  character,  trustworthiness  and  business  experience  of  an  appli- 
cant or  eligible  as  it  may  deem  proper  and  expedient.  All  such  special  certi- 
ficates shall  be  properly  filed  and  retained  as  public  records  in  the  office  of 
the  commission. 

8.  When  the  position  to  be  filled  involves  fiduciary  responsibility,  the 
appointing  officer,  where  otherwise  permitted  by  law,  may  require  the  ap- 
pointee to  furnish  a bond  or  other  security  and  shall  notify  the  commission 
of  the  amount  and  necessary  details  thereof. 

9.  No  person  who  has  entered  any  competitive  or  non-competitive  exam- 
ination for  a position  in  the  classified  service  shall  be  admitted  within  nine 
months  from  the  date  thereof  to  a new  examination  for  the  same  position, 
except  when  competitive  examination  has  failed  to  established  an  eligible 
list  of  three  or  more  names,  in  which  case  the  commission  by  resolution 
may  open  a subsequent  competition  to  persons  who  were  candidates  in  a 
preceding  examination  for  the  same  position.  (As  amended  February  2,  1910.) 

10.  Examination  papers  shall  be  rated  on  a scale  of  100,  and  the  subjects 
therein  shall  be  given  such  relative  weights  as  the  commission  may  prescribe. 
After  a competitor’s  papers  have  been  rated  he  shall  be  duly  notified  of  the 
results  thereof. 


49 


Rule  XI.  Eligible  Lists. 

1.  Every  competitor  who  attains  an  average  percentage  of  75  or  over  on  all 
the  obligatory  subjects  in  any  examination,  and  whose  standing  on  every  such 
obligatory  subject  is  60  or  over,  shall  be  eligible  for  appointment  to  the  posi- 
tion for  which  he  was  examined;  and  the  names  of  eligibles  shall  be  entered 
in  the  order  of  their  average  percentages,  on  the  proper  register  of  eligibles; 
provided  that  the  names  of  competitors  who  have  passed  as  above  and  whose 
claims  for  preference  under  section  9 of  article  V of  the  constitution  have  been 
allowed  by  the  commission,  shall  be  placed  in  the  order  of  their  respective 
average  percentages  at  the  head  of  the  proper  register  of  eligibles. 

2.  When  two  or  more  eligibles  on  a register  have  the  same  average  per- 
centage, preference  in  certification  shall  be  determined  by  the  order  in  which 
their  applications  were  filed,  but  neither  priority  in  the  date  of  application  nor 
of  examination  will  give  any  other  advantage  in  position  on  the  registers  of 
eligibles. 

3.  Appointment  shall  be  made  from  the  eligible  list  most  nearly  appropriate 
for  the  group  in  which  the  position  to  be  filled  is  classified,  and  a new  list 
shall  be  created  for  a stated  position  or  group  of  positions  only  when  there  is 
no  appropriate  list  existing  or  when  the  existing  list  from  which  certification 
is  to  be  made  is  likely  to  be  exhausted. 

4.  The  commission  shall  prescribe  the  character  of  the  distinct  eligible  lists, 
designating  the  positions  that  may  be  filled  by  certification  from  each  of  such 
lists. 

5.  The  term  of  eligibility  shall  be  fixed  by  the  regulations  of  the  commis- 
sion at  not  less  than  one  nor  more  than  four  years,  with  reference  mainly  to 
the  probable  number  and  frequency  of  certifications  to  be  made  from  such  lists 
respectively. 


Rule  XII.  Term  of  Probation. 

1.  Except  in  the  case  of  veterans  of  the  civil  war,  honorably  discharged 
from  the  military  or  naval  service  of  the  United  States,  every  original  ap- 
pointment to  or  employment  in  any  position  in  the  competitive  class  shall  be 
for  a probationary  term  of  three  months,  and  an  appointing  or  nominating 
officer  in  notifying  a person  certified  to  him  for  appointment  or  employment 
shall  specify  the  same  as  for  a probationary  term  only  ; and  if  the  conduct, 
capacity  and  fitness  of  the  probationer  are  satisfactory  to  the  appointing 
officer,  his  retention  in  the  service  after  the  end  of  such  term  shall  be  equiva- 
lent to  his  permanent  appointment,  but  if  his  conduct,  capacity  or  fitness  be 
not  satisfactory  he  may  be  discharged  at  the  end  of  such  term. 

Whenever  two  or  more  persons  appointed  from  the  same  eligible  list  are 
serving  as  probationers  in  the  same  department,  and  there  is  necessity  for  a 
reduction  of  the  force  of  such  department  affecting  such  persons,  they  shall 
be  preferred  for  retention  in  the  order  of  their  original  standing  upon  such 
list. 

2.  Every  officer  under  whom  any  probationer  shall  serve  during  any  part 
of  his  probation  shall  carefully  observe  the  quality  and  value  of  the  services 
rendered  by  such  probationer,  and  his  conduct,  and  if  so  required  shall  report 
in  writing  to  the  proper  appointing  officer  the  facts  observed  by  him,  showing 
the  character  and  qualifications  of  such  probationer,  and  of  the  service  ren- 
dered by  him,  and  such  reports  shall  be  preserved  on  file. 


50 


Rule  XIII.  Season  Positions  and  Emergency  Appointments. 

1.  All  positions  in  the  competitive  class,  where  the  nature  of  service  is 
such  that  it  is  not  continuous  through  the  year,  but  recurs  in  each  successive 
calendar  year,  shall  be  designated  as  season  positions  and  shall  be  subject  to 
the  provisions  of  these  rules  applicable  generally  to  positions  in  such  class, 
except  as  herein  otherwise  provided. 

2.  Any  person  originally  appointed  to  or  employed  in  a season  position, 
under  the  provisions  of  these  rules,  and  who  has  been  temporarily  separatea 
from  the  service  by  the  expiration  thereof  in  any  year,  shall  be  entitled  to 
reappointment  to  or  re-empioyment  in  the  same  position  in  the  next  ensuing 
year,  upon  filing  in  the  office  of  the  commission,  in  such  form  as  it  may  pre- 
scribe, a request  for  such  reappointment  or  re-employment  within  six  weeks 
previous  to  and  at  least  thirty  days  before  the  date  of  resumption  of  such 
short  term  service.  The  commission  shall  certify  to  the  proper  appointing  or 
employing  officer  the  names  and  postoffice  addresses  of  the  persons  who  have 
made  such  formal  requests,  and  they  shall  be  reinstated  in  the  positions 
vacated  by  them  in  the  previous  year  in  the  order  of  the  date  of  their  original 
appointment  or  latest  promotion  in  the  several  grades,  provided  that  in  the 
meantime  they  are  not  disqualified  from  any  of  the  causes  recited  in  the 
fourth  section  of  rule  IX. 

3.  When  an  emergency  requires  that  a position  subject  to  non-competitive 
examination  shall  be  filled  immediately,  the  appointing  officer  may  select  any 
person  available  to  fill  the  vacancy  and  if  he  forthwith  notifies  the  commis- 
sion of  such  action  and  within  five  days  nominates  a person  for  non-competi- 
tive examination  for  the  vacancy,  the  account  for  salary  will  be  certified  up 
to  the  date  when  such  examination  has  been  held  and  the  appointing  officer 
is  advised  of  the  result. 

4.  When  an  emergency  requires  that  a position  in  the  competitive  class 
be  filled  before  an  appointment  can  be  made  from  the  eligible  list  the  appoint- 
ing officer  shall  first  request  a certification,  after  which  he  may  fill  the  vacancy 
without  examination,  reporting  the  name  of  the  appointee  forthwith  to  the 
commission,  and  the  salary  account  will  be  certified  until  such  time  as  an 
appointment  is  made  from  the  eligible  list,  such  temporary  appointment  not 
to  continue  longer  than  ten  days  without  prior  approval  by  the  commission 
in  writing. 

Rule  XIV.  Promotions. 

1.  The  term  promotion  includes  the  appointment  of  any  person  in  the 
service  to  another  position  in  the  same  department,  or,  under  the  provis- 
ions of  section  3 of  this  rule,  ih  another  department,  for  original  entrance 
to  which  there  is  required  by  the  commission  an  examination  involving  essen- 
tial tests  different  from  or  higher  than  those  required  for  original  entrance 
to  the  position  previously  held  by  such  person,  or  which  by  compensation, 
duties  or  designation  falls  in  a different  grade  under  section  4 of  rule  VII 
from  the  position  previously  held  by  such  person,  and  any  increase  in  salary 
of  any  person  in  such  service,  with  or  without  change  in  duties  or  designation, 
beyond  the  limit  fixed  for  the  grade  containing  the  position  held  by  such 
person. 

2.  All  positions  vacant  in  the  competitive  class  above  the  lowest  grade  in 
any  office,  department  or  institution  shall  be  filled,  so  far  as  practicable,  by 


51 


promotion,  and  original  appointment  to  such  positions  shall  be  allowed  only 
when  the  commission  shall  find  it  impracticable  to  fill  the  same  by  promotion 
under  this  rule. 

3.  In  order  to  be  eligible  to  any  promotion  a person  must  have  served 
continuously  for  the  six  months  immediately  preceding  such  promotion  in  a 
position  in  the  next  lower  grade  and  in  the  same  group,  as  specified  in  rule 
VII,  in  the  same  office,  department  or  institution  in  which  the  promotion  is  to 
be  made.  If  there  are  less  than  three  persons  who  have  so  served  in  the  next 
lower  grade  in  the  same  group,  or  if  all  such  persons  fail  in  any  promotion 
examination,  then  all  persons  who  have  so  served  in  the  second  lower  grade 
of  such  group  shall  be  eligible  to  promotion,  subject  to  the  provisions  of 
section  4 of  this  rule.  The  commission  may  in  any  case  extend  eligibility  for 
promotion  to  the  incumbents  of  any  of  the  following  classes  of  positions: 
first,  persons  who  for  more  than  six  months  have  served  in  any  of  tne  lower 
grades  in  the  same  group  in  the  same  office,  department  or  institution;  second, 
persons  who  for  more  than  six  months  have  served  in  another  group,  but  in  a 
similar  position  in  the  same  office,  department  or  institution;  third,  persons 
who  for  more  than  six  months  have  served  in  the  same  or  another  group,  but 
in  a similar  position,  in  other  offices,  departments  or  institutions : provided, 
however,  that  no  persons  in  any  of  the  three  classes  of  positions  before  men- 
tioned shall  be  eligible  to  promotion  unless  the  commission  shall  find  that 
the  nature  of  the  duties  of  the  positions  held  by  such  persons  are  such  as 
naturally  and  properly  fit  them  to  perform  the  duties  of  the  position  to 
which  they  seek  promotion  as  fully  as  the  duties  of  the  persons  holding 
positions  in  the  next  two  lower  grades  in  the  same  group  in  the  office,  de- 
partment or  institution  in  which  promotion  is  to  be  made ; but  no  person 
shall  be  eligible  to  promotion  who  lacks  any  of  the  preliminary  requirements 
for  original  entrance  to  the  position  to  be  filled  by  promotion. 

4.  All  promotions  of  clerks,  bookkeepers,  stenographers,  copyists,  mes- 
sengers, pages,  and  other  employees  whose  duties  are  of  a clerical  character  in 
all  the  state  departments,  bureaus,  divisions,  commissions  and  offices,  shall  be 
made  by  successive  grades  so  far  as  practicable,  and  no  person  shall  be  pro- 
moted to  a position  in  the  higher  grade  who  has  not  served  at  least  six  months 
in  the  next  lower  grade. 

5.  Whenever  there  are  not  more  than  three  persons  eligible  to  any  promotion 
the  appointing  officer  may  nominate  one  of  such  eligible  persons  who  may  be 
promoted  upon  passing  the  required  examination;  but  no  examination  shall  be 
required  for  promotion  to  the  next  higher  grade  in  such  a case  ( 1 ) wTien  the 
person  promoted  has  qualified  in  an  open  competitive  examination  and  his 
name  is  upon  the  appropriate  eligible  list  for  the  post  ion  to  be  filled  in  force 
at  the  time  of  the  promotion;  (2)  when  the  promotion  is  a mere  increase  in 
salary  without  any  change  whatever  in  the  duties  of  the  person  promoted; 
(3)  when  such  person  entered  the  service  through  open  competitive  examin- 
ation if  there  is  not  required  for  original  entrance  to  the  position  to  wffiich 
promotion  is  sought  an  examination  involving  essential  tests  or  qualifications 
different  from  or  higher  than  those  required  for  original  entrance  to  the 
position  held  by  such  person. 

6.  Whenever  there  are  more  than  three  persons  eligible  to  any  promotion 
the  commission  shall  hold  a competitive  examination  of  those  eligible  to  said 
promotion  and  shall  cause  notices  of  the  same  to  be  posted  conspicuously  in 


52 


the  office  or  institution  wherein  the  promotion  is  to  be  made  and  to  he  mailed 
to  those  eligible  to  the  promotion. 

7.  The  test  of  actual  service  being  the  main  factor  in  fitness  for  promotion 
there  shall  be  kept  in  every  office  continuous  and  comparative  records  of  the 
efficiency,  punctuality,  attention  and  general  good  conduct  of  all  persons  em- 
ployed therein.  Such  records  shall  at  all  times  be  open  to  inspection  by  the 
state  commission  and  if  the  same  have  been  regularly  and  properly  kept  they 
shall  constitute  one  of  the  elements  in  such  promotion  examination,  with 
such  relative  weight  as  shall  be  assigned  to  them  by  the  commission.  If 
such  records  have  not  been  regularly  and  properly  kept  the  commission  shall 
prescribe  such  tests  as  to  it  may  seem  best  calculated  to  determine  the 
relative  merit  and  fitness  of  the  persons'  eligible  to  promotion.  The  written 
examination  shall  be  of  the  same  grade  as  that  required  for  original  entrance 
to  positions  of  similar  grade  and  shall  relate  chiefly  to  the  duties  of  the 
office  in  which  the  vacancy  occurs,  and  particularly  to  the  duties  of  the 
position  to  be  filled.  Due  weight  will  be  given  to  the  candidates’  seniority 
and  past  record  in  the  office  and  to  any  special  fitness  for  the  duties  of  the 
higher  position.  The  conduct  of  the  examination  and  the  preparation  of  the 
eligible  list  shall  be  subject  to  the  general  provisions  of  rules  X and  XI, 
provided,  however,  that  no  eligible  list  for  promotion  shall  be  valid  beyond 
one  year.  The  commission  shall  certify  from  the  eligible  list  for  promotion 
in  the  same  manner  provided  in  section  2 of  rule  VIII  for  certification  for 
original  appointment. 

(As  amended  March  12,  1910;  April  16,  1910.) 

Rule  XV.  Transfers. 

Transfers  from  one  department,  office  or  institution  to  another  may  be 
made  with  the  approval  of  the  commission  and  upon  mutual  consent  of  the 
appointing  officers  of  the  departments,  offices  or  institutions  affected,  as 
follows : 

1.  A person  originally  appointed  from  an  eligible  list,  who  has  served  for 
three  months  in  any  grade,  may  be  transferred  to  a similar  position  in  the 
same  group  and  grade;  or  in  the  discretion  of  the  commission  may  be  trans- 
ferred without  change  of  grade  to  a similar  position  in  another  group,  or  to 
a position  in  the  same  or  a lower  grade  involving  essential  tests  or  quali- 
fications lower  than  those  required  for  original  entrance  to  the  position  held 
by  such  person.  (As  amended  August  17,  1909.) 

2.  A person  holding  a position  in  the  competitive  class  who  did  nob  enter 
the  service  by  qualifying  in  an  open  competitive  examination  may  be  trans- 
ferred in  accordance  with  section  1 of  this  rule,  provided  he  has  served  con- 
tinuously for  at  least  three  years  in  a position  in  the  same  group  and  three 
months  in  the  same  grade  as  that  from  which  transfer  is  proposed.  (As 
amended  August  17,  1909.) 

3.  Transfer  from  an  exempt  or  non-competitive  position  to  a competitive 
position,  or  from  a position  in  the  competitive  class  to  a position  in  a different 
group  of  such  class,  shall  be  allowed  only  when  the  persQn  transferred  has 
qualified  in  an  open  competitive  examination  and  is  eligible  for  certification 
and  appointment  from  the  appropriate  eligible  list  for  the  position  to  which 
transfer  is  proposed  and  is  so  certified  and  appointed.  Such  certification  and 
appointment  shall  remove  the  name  of  the  person  transferred  from  the  eligible 


53 


list.  No  such  transfer  shall  be  allowed  when  there  is  an  appropriate  list  of 
persons  eligible  for  promotion  to  the  position  proposed  to  be  filled  by  transfer. 

4.  The  foregoing  sections  of  this  rule  shall  apply  to  transfers  between  the 

state  service  and  the  service  of  the  counties  and  villages  to  which  the  state 
civil  service  rules  have  been  extended,  provided  that  in  transfers  from  state 
to  county  or  village  service  only  legal  residents  of  the  county  or  village 
affected  may  be  transferred,  and  provided  that  no  person  may  be  transferred 
from  county  or  village  to  state  service  under  the  provisions  of  sections  1 and 
2 of  this  rule  unless  such  person  was,  at  the  time  of  original  appointment  in 
the  county  or  village  service  or  at  the  time  of  the  request  for  transfer, 
eligible  for  certification  and  appointment  to  the  position  to  which  transfer 
is  sought  in  the  state  service;  and  further  provided  that  in  transfers  from 
county  to  village  service  only  legal  residents  of  the  village  affected  may  be 
transferred,  and  provided  that  no  person  may  be  transferred  from  village  to 
county  service  under  the  provisions  of  sections  1 and  2 of  this  rule  unless 
such  person  was,  at  the  time  of  original  appointment  in  the  village  service 

or  at  the  time  of  the  request  for  transfer,  eligible  for  certification  and 

appointment  to  the  position  to  which  transfer  is  sought  in  the  county  ser- 
vice. No  transfer  shall  be  allowed  from  the  service  of  one  county  or  village 
to  that  of  another  county  or  village.  (As  amended  April  16,  1910.) 

5.  A person  holding  a position  in  the  non-competitive  class  may  be  trans- 
ferred to  a similar  position  in  the  same  class. 

Rule  XVI.  Reinstatement  in  Service. 

1.  Any  person  who  has  held  a position  by  appointment  under  the  civil 

service  rules,  and  who  has  been  separated  from  the  service  through  no 
delinquency  or  misconduct  on  his  part,  may  be  reinstated  without  re-exami- 
nation in  a vacant  position  in  the  same  office  and  in  the  same  group,  sub- 
division and  grade,  within  one  year  from  the  date  of  such  separation,  pro- 

vided that  for  original  entrance  to  the  position  proposed  to  be  filled  by 
reinstatement  there  is  not  required  by  these  rules,  in  the  opinion  of  the 
commission,  an  examination  involving  essential  tests  or  qualifications  dif- 
ferent from  or  higher  than  those  involved  in  the  examination  for  original 
entrance  to  the  position  formerly  held  by  the  person  proposed  to  be  rein- 
stated. 

2.  Whenever  in  any  department  or  institution  an  office  or  position  is 
abolished,  or  whenever  the  number  of  positions  of  a certain  character  is 
reduced,  or  whenever  by  reason  of  a lack  of  appropriation  or  otherwise  it 
becomes  necessary  to  discharge  or  suspend  one  or  more  of  several  persons 
holding  the  same  position,  veterans  of  the  civil  war,  veterans  of  the  volun- 
teer army  or  navy  of  the  United  States  in  the  Spanish  war,  and  exempt 
volunteer  firemen  shall  be  entitled  to  preference  in  retention  in  such  positions 
over  other  persons. 

3.  Persons  legally  holding  such  positions  at  the  time  of  such  reduction  or 
discharge  shall  be  entitled  to  reappointment  or  reinstatement  in  the  same 
position  or  positions  if  they  are  thereafter  within  one  year  re-established 
under  the  same  or  any  other  designation.  The  names  of  such  persons  shall 
be  entered  upon  lists  of  suspended  employees  and  shall  remain  thereon  for 
a period  of  one  year.  Upon  notice  of  a vacancy  in  the  same  or  a similar 
position,  names  from  such  lists  of  suspended  employees  shall  be  certified  to  the 


54 


appointing  officer  in  preference  to  names  from  the  eligible  lists.  Certification 
from  such  lists  of  suspended  employees  shall  be  made  as  follows:  First, 
veterans  of  the  civil  war  in  the  order  of  their  original  appointment  to  the 
position  from  which  separated;  second,  veterans  of  the  Spanish  war  and 
exempt  volunteer  firemen  in  similar  order;  third,  other  persons  in  similar 
order.  Persons  specified  in  the  first  and  second  classes  above  mentioned  shall 
be  entitled  to  certification  for  positions  to  which  they  are  eligible  in  any 
department  or  institution,  but  persons  specified  in  the  third  class  shall  be 
entitled  to  certification  only  to  the  department  from  which  they  were  dis- 
charged. 

4.  A person  who  has  served  continuously  for  at  least  three  years  in  the 
competitive  class  in  any  department  and  who  was  separated  from  his  position 
in  that  class  by  appointment  to  another  position  in  the  non-competitive  or 
exempt  class  in  the  same  department,  and  who  has  served  continuously  therein 
from  the  date  of  such  separation,  may  be  restored  without  the  application  of 
the  foregoing  restrictions  to  a position  in  the  competitive  class  in  the  same 
group  and  grade  and  in  the  same  department  as  the  competitive  position  he 
formerly  held. 

Rule  XVII.  Certificates  for  Promotion,  Transfer  and  Reinstatement. 

1.  Upon  the  written  request  of  an  appointing  officer,  stating  the  essential 
facts  in  regard  to  any  proposed  promotion,  transfer  or  reinstatement,  the 
commission  will,  if  such  promotion,  transfer  or  reinstatement  be  in  accord- 
ance with  law  and  the  provisions  of  these  rules,  issue  its  certificate  of  that 
fact  to  such  officer. 

2.  All  promotions,  transfers  and  reinstatements  herein  authorized  shall 
be  made  only  after  the  issuance  of  such  certificate,  except  those  which  may 
be  specifically  exempted  from  such  condition  by  regulation  of  the  commission. 

Rule  XVIII.  Definition  of  the  Non-competitive  Class. 

The  non-competitive  class  shall  include  such  positions  as  are  not  in  the 
exempt  class  and  which  it  is  impracticable  to  include  in  the  competitive 
class. 

It  shall  comprise  the  following  positions  and  such  positions  as  may  here- 
after be  added;  provided,  that  from  time  to  time,  the  commission  shall  transfer 
positions  from  this  class  to  the  competitive  class  whenever  it  may  be  found 
practicable  to  hold  competitive  examinations  to  fill  them: 

POSITIONS  IN  THE  NON-COMPETITIVE  CLASS. 

In  the  Education  Department: 

Picture-framer,  carpenter. 

In  the  Banking  Department: 

Two  confidential  examiners. 

In  the  office  of  the  State  Engineer  and  Surveyor: 

One  automobile  driver.  (Classified  April  16,  1910.) 

In  the  Department  of  Highways: 

Five  automobile  drivers  (classified  August  17,  1909;  amended  October 
8,  1909). 


55 


In  the  Department  of  Public  Buildings: 

Chief  orderly;  messenger  and  weigher,  upholsterer,  tin  and  coppersmith, 
gardener,  chief  carpenter,  carpenters,  painters,  shade  and  carpet  man, 
plumber  and  gasfitter,  plumber’s  helper,  machinist,  assistant  machinist, 
steamfitter,  locksmith,  steamfitter’s  helper,  boilerscaler,  stonecutter  and 
tilesetter. 

In  the  Department  of  Public  Works: 

The  harbor  masters;  engineer  of  tugboat  running  in  Buffalo  Harbor  and 
Niagara  Biver. 

In  the  office  of  the  Attorney-General: 

One  law  clerk  and  detective,  provided  that  no  person  shall  be  named  for 
examination  who  has  not  qualified  in  examination  for  position  of  law 
clerk  and  whose  name  is  upon  the  eligible  list  for  said  position  estab- 
lished November  14,  1907  (classified  August  17,  1909). 

In  the  State  Hospitals: 

Watchmen,  policemen,  barbers,  supervisors,  nurses,  attendants,  ward- 
helpers,  housekeepers,  head  cooks,  bakers,  meateutters,  butchers,  laun- 
derers,  head  laundresses,  linemen,  plumbers,  steamfitters,  carpenters, 
painters,  blacksmiths,  foremen,  tailors,  dressmakers,  shoemakers, 
printers,  bookbinders,  head  farmers,  dairymen,  gardeners,  florists,  pages, 
firemen,  pilots,  masons,  tinsmiths,  coffee  roaster,  medical  interne,  labora- 
tory helper  in  the  Pathological  Institute,  ruler  in  printing  office,  butter- 
maker,  one  fireman,  fire  departments,  Central  Islip  and  Kings  Park 
state  hospitals. 

In  the  Department  of  Excise: 

One  clerk  and  one  stenographer  in  the  detective  bureau. 

In  the  State  Prisons: 

The  assistant  matrons. 

In  Sing  Sing  Prison: 

The  head  farmer;  pilots. 

In  Clinton  Prison: 

Hospital  attendant;  head  farmer;  fireman. 

In  the  State  Fair  Commission: 

Gardener. 

In  the  Prison  for  Women  at  Auburn: 

The  attendants. 

In  the  House  of  Refuge  for  Women  at  Albion: 

Carpenter,  firemen,  gardener,  farmer. 

In  the  State  School  for  the  Blind  at  Batavia: 

Baker,  carpenter,  farmer,  firemen,  florist,  housekeeper,  usher  (as  amended 
December  7,  1909). 


56 


In  the  Soldiers  and  Sailors’  Home  at  Bath: 

Baker,  blacksmith,  carpenter,  farmer,  firemen,  gardener,  head  cook,  head 
launderer,  lineman,  musicians,  steamfitter,  engine  oiler  and  tender, 
hospital  attendant,  special  attendant  (as  amended  December  15,  1909). 

l’n  the  Reformatory  for  Women  at  Bedford: 

Carpenters,  firemen. 

In  the  New  York  State  Reformatory  and  the  Eastern  New  York  Reformatory: 

Carpenter,  farmer,  firemen,  head  cook,  housekeeper. 

In  the  Agricultural  Experiment  Station  at  Geneva: 

Agriculturist,  agronomist,  assistant  in  animal  husbandry,  botanist,  assist- 
ant botanists,  chemist,  associate  chemist,  assistant  chemists,  bacteriolo- 
gist, assistant  bacteriologists,  expert  in  dairy  husbandry,  editor  and 
librarian,  entomologist,  assistant  entomologists,  horticulturist,  assist- 
ant horticulturists. 

In  the  New  York  State  Training  School  for  Girls  at  Hudson: 

Carpenter,  firemen. 

In  the  Custodial  Asylum  at  Newark: 

Attendants,  baker,  carpenter,  firemen,  foreman. 

In  the  Thomas  Indian  School  at  Iroquois: 

Attendants,  farmer,  firemen,  head  laundress,  housekeeper. 

In  the  State  Agricultural  and  Industrial  School  at  Industry: 

Carpenter,  farmer,  firemen,  head  cook,  head  laundress,  matron  of  farm 
cottage  (wife  of  supervisor),  one  telephone  operator  at  $15  per  month 
and  maintenance.  (As  amended  February  9,  1910.) 

In  the  Custodial  Asylum  at  Rome: 

Attendants,  baker,  blacksmith,  carpenter,  farmer,  fireman,  gardener,  head 
cook,  head  launderer,  painter,  shoemaker,  supervisors,  assistant  super- 
visors, assistant  matron,  watchman. 

In  the  Craig  Colony  at  Sonyea: 

Attendants,  baker,  assistant  baker,  blacksmith,  brickmaker,  butcher,  car- 
penter, dairyman,  farmer,  firemen,  gardener  and  florist,  head  cook, 
medical  interne,  medical  record  clerk,  mason  and  bricklayer,  painter, 
plumber,  shoemaker,  supervisors,  tailor,  tinsmith,  night  telephone 
operator,  usher,  usher  and  telephone  operator,  watchmen. 

In  the  Institution  for  Feeble-Minded  Children  at  Syracuse: 

Attendants,  baker,  carpenter,  farmer,  firemen,  gardener,  housekeeper, 
head  cook,  head  laundress,  shoemaker,  supervisors,  tailoress,  usher, 
watchmen,  painter. 

In  the  New  York  State  Hospital  for  Incipient  Tuberculosis  at  Ray  Brook: 

Firemen,  bakers,  medical  interne. 


57 


In  the  New  York  State  Hospital  for  the  Care  of  Crippled  and  Deformed 
Children  at  West  Haverstraw: 

Nurses  (non-graduates). 

In  the  Woman’s  Relief  Corps  Home  at  Oxford: 

Farmer;  hospital  attendant;  fireman;  head  laundress. 

In  the  Albany  County  Almshouse: 

Carpenters,  bakers,  one  resident  physician. 

In  the  office  of  the  Superintendent  of  the  Poor,  Chautauqua  County: 

Assistant  matron;  farm  foreman;  hospital  attendant;  engineer  ($25  per 
month  and  maintenance);  head  laundress;  assistant  hospital  attend- 
ant ; attendant. 

In  the  Erie  County  Almshouse: 

Pupil  nurses. 

In  the  office  of  the  Superintendent  of  the  Poor  of  Monroe  County: 

Two  internes,  bakers,  nurses,  watchmen;  one  housekeeper,  compensa- 
tion not  to  exceed  $35  per  month  and  maintenance  (classified  Feb. 
1,  1910). 

In  the  Monroe  County  Penitentiary: 

Bakers. 

In  the  office  of  the  Superintendent  of  the  Poor,  Oneida  County: 

Attendant  receiving  $30  or  more  per  month  and  maintenance;  baker. 

In  the  office  of  the  Superintendent  of  the  Poor  of  Onondaga  County: 

Bakers,  nurses;  firemen,  attendant. 

In  the  office  of  the  Board  of  Supervisors,  Onondaga  County : 

The  physician  to  Onondaga  County  Indians. 

In  the  office  of  the  Superintendent  of  the  Poor,  Rensselaer  County : 

Assistant  matron;  assistant  nurse;  baker;  cook;  laundryman. 

In  the  office  of  the  Superintendent  of  the  Poor,  Suffolk  County : 

Nurse. 

In  the  office  of  the  Superintendent  of  the  Poor,  Ulster  County: 

Bookkeeper,  compensation  act  to  exceed  $100  per  annum. 

In  the  office  of  the  Superintendent  of  the  Poor  of  Westchester  County: 

One  assistant  matron,  one  woman  attendant;  two  resident  physicians. 

In  the  Village  of  Batavia: 

Chief  engineer,  fire  department;  provided,  however,  that  no  person  shall 
be  named  for  non-competitive  examination  who  is  not  a member  of  the 
department. 


58 


In  the  Village  of  Ossining: 

Chief  of  police;  provided,  however,  that  no  person  shall  be  named  for 
non-competitive  examination  who  is  not  a member  of  the  police  force. 

In  the  Village  of  Peekskill: 

Chief  of  police;  provided,  however,  that  no  person  shall  be  named  for 
non-competitive  examination  who  is  not  a member  of  the  police  force; 
chief  engineer,  fire  department,  provided,  however,  that  no  person  shall 
be  named  for  non-competitive  examination  who  is  not  a member  of 
the  department.  (As  amended  April  16,  1910.) 

In  the  Village  of  Port  Chester: 

Chief  of  police;  provided,  however,  that  no  person  shall  be  named  for 
non-competitive  examination  who  is  not  a member  of  the  police  force; 
one  automobile  driver,  fire  department.  (As  amended  April  16,  1910.) 

In  the  Village  of  Saratoga  Springs: 

Chief  engineer,  fire  department;  provided,  however,  that  no  person  shall 
be  named  for  non-competitive  examination  who  is  not  a member  of  the 
department. 

In  the  Village  of  White  Plains: 

Chief  or  captain  of  police;  provided,  however,  that  no  person  shall  be 
named  for  non-competitive  examination  who  is  not  a member  of  the 
police  force. 

Rule  XIX.  Employment  in  the  Non-competitive  Class. 

1.  The  positions  in  the  non-competitive  class  must  be  filled  by  such  persons 
as  upon  proper  non-competitive  examinations  shall  be  certified  as  qualified  to 
discharge  the  duties  of  such  positions  by  an  examiner  or  examiners  selected  or 
appointed  for  that  purpose  by  the  commission.  The  head  of  any  office,  de- 
partment or  institution  in  which  there  may  be  a vacancy  or  vacancies  in  any 
position  or  positions  in  this  class,  may  name  for  examination  a person  for 
each  vacancy.  The  commission  may  provide  by  special  regulation  that  in  any 
institution  where  a number  of  persons  are  employed  in  the  same  grade,  the 
employing  officer  may  name  for  examination  more  than  one  person,  in  order 
that  there  may  be  a list  of  qualified  persons  from  which  to  make  an  immediate 
selection  in  case  of  vacancy.  (Such  nomination  may  be  made  to  the  commis- 
sion, or  to  an  examiner  or  board  of  examiners,  as  the  commission  may  pre- 
scribe by  regulations. 

2.  The  commission  shall  select,  appoint  and  commission  examiners  or  boards 
of  examiners  to  test  the  qualifications  of  persons  named  for  employment  in 
positions  in  the  non-competitive  class,  and  they  shall  be  subject  to  the  pro- 
visions of  the  fourth  section  of  rule  X. 

3.  Examinations  for  positions  in  the  non-competitive  class  shall  be  such  as 
shall  determine  the  following  qualifications: 

First.  That  the  person  examined  is  within  the  limits  of  age  prescribed  for 
the  position  or  employment  to  which  he  has  been  named; 

Second.  That  he  is  properly  certified  as  free  from  any  physical  defect  or 
disease  which  would  be  likely  to  interfere  with  the  proper  discharge  of  his 
duties ; 


59 


Third.  That  his  character  is  such  as  to  qualify  him  for  such  position  or 
employment;  and 

Fourth.  That  he  possesses  the  requisite  knowledge  and  ability  to  enter  on 
the  discharge  of  his  duties  in  the  service. 

To  preserve  a uniform  standard  in  such  qualifications  for  like  positions  and 
employments  in  the  several  institutions  and  offices  of  the  state  service,  the 
commission,  after  consultation  with  the  principal  officers  concerned,  may  by 
regulations,  prescribe  uniform  limitations  and  tests  for  the  government  of  the 
examiners. 


Rule  XX.  Reports  of  Appointing  Officers. 

For  the  purpose  of  certification  to  the  comptroller,  or  other  fiscal  officer,  for 
the  payment  of  salaries  and  to  enable  the  commission  to  keep  an  official  roster 
of  the  classified  service  as  required  by  law,  each  appointing  and  employing 
officer,  from  time  to  time  after  the  date  of  the  promulgation  of  these  rules  and 
upon  the  date  of  the  official  action  in  or  knowledge  of  each  case,  shall  report 
to  the  commission  as  follows: 

(a)  Every  appointment  or  employment  whether  probationary,  temporary 
or  otherwise,  in  the  classified  service,  with  the  date  of  commencement  of  ser- 
vice and  the  title  and  compensation  of  the  position. 

This  includes  every  employment  or  designation  of  any  person  to  render  any 
service,  whether  permanent,  temporary  or  special,  to  the  state  of  New  York 
or  any  of  its  civil  divisions  to  which  these  rules  shall  be  extended,  in  any 
capacity  whatever,  compensation  for  which  is  to  be  made  to  the  person  em- 
ployed or  designated,  except  in  the  military  service  and  the  unclassified  ser- 
vice as  defined  by  law  and  by  section  2 of  rule  III. 

(b)  Every  failure  to  accept  an  appointment  under  him  by  a person  entitled 
thereto,  with  copies  of  the  offer  or  notice  of  appointment  and  the  reply  thereto, 
if  any. 

(c)  Every  discharge  during  or  at  the  end  of  a probationary  term,  with  the 
date  thereof. 

(d)  Every  vacancy  in  a position,  whether  caused  by  dismissal,  resignation 
or  death,  with  the  date  thereof. 

(e)  Every  position  abolished,  with  the  date  of  such  abolition. 

(f)  Every  change  of  compensation  in  a position,  with  the  date  thereof. 

(g)  Every  promotion,  giving  positions  from  which  and  to  which  made,  with 
the  salaries  and  date  thereof. 

(h)  Every  transfer,  giving  the  positions  from  wffiich  and  to  which  made, 
with  the  date  and  salaries  thereof. 

(i)  Every  reinstatement  in  a position,  with  the  date  and  salary  thereof. 


Rule  XXI.  The  Official  Roster. 

The  commission  shall  keep  in  its  office  an  official  roster  of  the  classified 
state  service,  and  shall  enter  thereon  the  name  of  each  and  every  person  who 
has  been  appointed  to,  employed,  promoted  or  reinstated  in  any  position  in 
such  service  upon  such  evidence  as  it  may  require  or  deem  satisfactory  that 
such  person  was  appointed  to,  or  employed,  promoted  or  reinstated  in  the 
service  in  conformity  with  the  provisions  of  law  and  of  these  rules.  The 
official  roster  shall  show  opposite,  or  in  connection  with  each  name,  the  date 


60 


of  appointment,  employment,  promotion  or  reinstatement,  and  the  office  in 
which  and  the  compensation  of  the  position,  date  of  commencement  of  service, 
and  the  date  of  transfer  in  or  separation  from  the  service  by  dismissal,  resig- 
nation, cancellation  of  appointment,  or  death. 

Rule  XXII.  Certification  for  Payment  for  Services. 

For  the  purposes  of  certification  of  payrolls,  estimates  and  accounts  as  re- 
quired by  section  nineteen  of  the  civil  service  law,  appointing  officers  and 
heads  of  departments  shall  furnish  the  commission  with  payrolls,  estimates, 
accounts  and  certificates  in  form  and  manner  as  follows: 

1.  Heads  of  departments,  offices  and  institutions  in  the  state  service,  whose 
employees  are  paid  individually  direct  from  the  treasury  of  the  state  or  any 
civil  division  thereof,  shall  furnish  the  commission,  at  least  five  days  before 
payment  is  to  be  made,  payrolls  in  duplicate,  showing  the  names  o*  the  per- 
sons to  be  paid,  the  title  of  the  position  held  or  kind  of  service  performed  by 
each  person,  the  rate  and  amount  of  compensation  to  which  he  is  entitled,  and 
the  period  for  which  he  is  to  be  paid,  and  shall  certify  that  the  persons  named 
therein  are  employed  solely  in  the  proper  duties  of  the  positions  and  employ- 
ments indicated,  and  that  persons  described  as  or  proposed  to  be  paid  as 
“ laborers  ” are  employed  at  ordinary  unskilled  labor  only,  and  that  each 
person  employed  under  rule  VIII,  subdivision  9,  is  actually  engaged  in  private 
business  and  that  the  services  rendered  by  him  are  expert  services  of  an  occa- 
sional and  exceptional  character.  After  examination  and  certification  by  the 
commission  as  hereinafter  prescribed,  such  payrolls  shall  be  transmitted  by  it 
to  the  comptroller  or  fiscal  officer  of  such  civil  division  for  further  examina- 
tion and  payment  as  required  by  law,  and  one  of  said  duplicates  shall  accom- 
pany the  warrant  on  the  treasurer  or  other  disbursing  officer. 

2.  For  payments  for  irregular  or  occasional  services,  and  for  advances  of 
salary  to  regular  employees,  the  head  of  such  a department,  office  or  institu- 
tion shall  transmit  to  the  commission  the  original  account  or  a special  payroll 
or  a request  for  advance  payment,  bearing  his  written  approval,  which  approval 
shall  be  deemed  to  be  a certificate  of  the  facts  required  by  the  preceding  section 
to  be  certified  on  the  regular  payrolls.  Upon  examination  and  certification 
by  the  commission  such  account,  payroll  or  request  shall  be  forwarded  to  the 
comptroller  or  other  fiscal  officer. 

3.  Heads  of  departments,  offices  or  institutions  whose  employees  are  paid 
directly  by  the  department  without  previous  detailed  estimate  to  the  comp- 
troller, shall  furnish  the  commission,  before  payment  is  made,  or  in  case  of 
employees  of  the  department  of  public  works  and  of  the  state  engineer  and 
hh  veyor  on  the  canals,  outside  of  Albany,  before  credit  is  claimed  from  the 
C'  Uipiroller  on  such  payrolls,  the  payrolls  and  certificates  as  required  in  sec- 
i ion  one  hereof,  and  except  in  the  case  noted,  disbursing  officers  of  such  de- 
partments, offices  and  institutions  shall  not  pay  such  persons  until  the  com- 
mission shall  certify  as  hereinafter  prescribed.  Heads  and  disbursing  officers 
of  such  departments,  offices  and  institutions  shall  file  the  payrolls  certified  by 
the  commission  as  vouchers  in  claiming  credit  from  the  comptroller  or  other 
fiscal  officer  for  such  payments. 

4.  The  estimates  for  payment  of  officers  and  employees,  and  for  services  of 
state  hospitals  and  charitable  institutions  required  by  law  to  render  detailed 
estimates  in  advance,  under  what  is  known  as  the  “ estimate  system,”  con- 


61 


taining  the  names,  titles  of  positions  held  or  kind  of  service  performed  and 
rate  of  compensation  of  all  officers  and  employees  in  the  classified  service  with 
the  certificate  specified  in  section  one  hereof,  shall  be  submitted  to  the  com- 
mission for  certification  before  approval  by  the  comptroller  or  other  depart- 
ment having  power  of  revision  of  such  estimates,  and  no  vouchers  for  pay- 
ments for  services  shall  be  received  unless  in  accord  with  such  estimates,  and 
the  certificate  of  the  commission. 

5.  The  secretary  or  assistant  secretary  of  the  commission  shall  compare 
such  payroll,  estimate  or  account  for  services  with  the  official  roster  and 
shall  attach  thereto  or  place  thereon  a certificate  in  form  substantially  as 
follows : 

I hereby  certify  that  the  person  (or  persons)  named  in  this  (or  the  at- 
tached) payroll  (or  estimate  or  account)  for  services  rendered  to  the  state 

of  New  York  in  the  containing  names, 

have  been  appointed  or  promoted  to  or  employed  in  the  positions  or  places 
and  at  the  rates  of  compensation  indicated  in  pursuance  of  the  civil  service  law, 
and  the  rules  made  in  pursuance  thereof  as  shown  by  the  official  roster  of  the 
state  service  except 

(Here  insert  names  in  regard  to  which  the  payroll,  estimate  or  account  dis- 
agrees with  the  official  roster.) 

Secretary  of  the  State  Civil  Service  Commission. 

To  provide  for  the  making  of  such  certifications  the  commission  may  desig- 
nate an  employee  in  its  office  to  act  as  chief  clerk,  and  may  designate  an 
employee  in  its  office  to  act  as  assistant  secretary,  under  and  by  direction  of 
the  secretary  when  that  officer  is  on  duty  and  for  him  and  in  his  stead  in 
his  absence. 

6.  Upon  satisfactory  evidence,  that  with  intent  to  evade  the  provisions  of 
law  and  of  these  rules,  any  person  appointed  to  or  employed  in  any  position  in 
the  classified  service  has  been  assigned  to  perform  duties  other  than  those  for 
which  he  was  examined  and  certified,  or  under  any  title  not  appropriate  to 
the  duties  to  be  performed,  the  commission  will  refuse  certification  and  remove 
his  name  from  the  official  roster. 

7.  When  legal  proceedings  have  been  instituted  against  the  state  commis- 
sion, attacking  the  classification  of  any  position  in  the  competitive  class,  and 
after  a decision  has  been  rendered  in  the  lower  courts  adverse  to  the  state 
commission  on  the  merits,  and  when  the  commission  has  determined  by 
unanimous  vote  that  a reasonable  doubt  exists  as  to  the  correctness  of  its 
classification  of  such  position,  it  may,  in  its  discretion,  pending  the  settlement 
or  final  determination  of  such  legal  proceedings,  direct  the  certification  of  the 
payrolls  of  any  person  who  has  been  appointed  to  such  position,  without  regard 
to  the  existing  classification,  but  such  certification  shall  be  without  prejudice 
to  the  existing  classification  and  temporary  only.  In  all  such  cases  the 
secretary  shall  attach  to  such  payrolls,  in  addition  to  the  usual  certificate, 
the  following: 

“ This  certificate  is  attached  by  special  direction  of  the  commission,  pur- 
suant to  the  provisions  of  Rule  XXII,  subdivision  7,  and  without  prejudice  to 
the  right  of  the  commission  to  withhold  same  in  the  event  of  the  favorable 
settlement  or  final  determination  of  litigation  now  pending,  involving  the 
correctness  of  its  classification.” 


62 


Rule  XXIII.  Administrative  Regulations. 

The  commission  shall  prescribe  and  enforce  suitable  regulations  for  carry- 
ing into  effect  the  provisions  of  these  rules  and  those  of  the  civil  service  law 
and  of  section  9 of  article  V of  the  constitution,  not  inconsistent  therewith; 
and  shall  prescribe  blank  forms  for  all  applications,  certificates,  reports, 
records  and  returns  required  under  these  rules  and  the  regulations  made  in 
pursuance  thereof. 

Rule  XXIV.  Extension  of  Rules. 

These  rules  shall  not  be  deemed  to  extend  to  the  offices,  places  and  em- 
ployments in  the  civil  divisions  of  the  state,  until  after  due  inquiry  by  the 
commission  it  shall  be  found  practicable,  of  which  finding  proper  and  timely 
notice  shall  be  given. 

In  pursuance  of  the  foregoing  provision  these  rules  have  been  extended  to 
the  offices,  places  and  employments  in  the  civil  service  of  the  counties  of 
Erie,  Kings,  New  York,  Queens  and  Richmond,  to  take  effect  from  and  after 
June  16,  1900;  to  the  offices,  places  and  employments  in  the  civil  service  of 
the  counties  of  Albany,  Monroe,  Onondaga  and  Westchester,  to  take  effect 
from  and  after  November  1,  1905;  to  the  offices,  places  and  employments  in 
the  civil  service  of  the  counties  of  Chautauqua,  Nassau,  Niagara,  Oneida, 
Orange,  Rensselaer,  Suffolk  and  Ulster,  to  take  effect  August  1,  1909.  (As 
amended  July  15,  1909.) 

In  pursuance  of  the  foregoing  provision  these  rules  have  been  further 
extended  to  the  following  offices  in  all  counties,  to  take  effect  on  January  1, 
1909:  County  superintendent,  as  established  by  the  highway  law,  chapter 

330,  Laws  of  1908;  county  engineer;  county  superintendent  of  highways. 

In  pursuance  of  the  foregoing  provision  these  rules  have  been  further 
extended  to  the  offices,  places  and  employments,  in  the  civil  service  of  the 
villages  of  Batavia,  Canandaigua,  Ossining,  Peekskill,  Port  Chester,  Saratoga 
Springs  and  White  Plains,  to  take  effect  from  and  after  March  31,  1910. 
(Added  March  26,  1910.) 

In  pursuance  of  the  foregoing  provision  these  rules  have  been  further 
extended  to  the  office  of  county  sealer  in  all  counties,  as  established  by 
Chapter  187  of  the  Laws  of  1910,  to  take  effect  May  6,  1910.  (Added  May 
6,  1910.) 

STATE  OF  NEW  YORK, 

Executive  Chamber, 

July  5,  1909. 


The  foregoing  rules  prescribed  by  the  State  Civil  Service  Commission  are 


hereby  approved. 


CHARLES  E.  HUGHES, 


Governor. 


63 


GENERAL  REGULATIONS. 


Adopting  Order. 

The  State  Civil  Service  Commission,  under  the  authority  conferred  by 
section  10  of  the  civil  service  law  and  rule  XXIII  of  the  rules  prescribed  pur- 
suant thereto,  approved  by  the  governor,  and  promulgated  on  the  5th  day  of 
July,  1909,  hereby  makes  the  following  regulations,  reserving  the  right  to 
modify  the  same  from  time  to  time,  and  to  prescribe  such  special  regula- 
tions as  may  be  expedient  for  the  proper  enforcement  of  the  rules  aforesaid. 

Regulation  A.  The  President. 

The  president,  subject  to  the  direction  of  the  commission,  shall  have  such 
general  authority  and  responsibility  in  the  administration  of  the  law,  rules 
and  regulations  as  shall  not  be  inconsistent  with  the  powers  reserved  to 
the  commission  or  vested  in  some  other  officer. 

Regulation  I.  Secretary. 

The  secretary  shall,  subject  to  the  direction  of  the  commission: 

1.  Keep  the  minutes  of  the  proceedings  of  the  commission  and  have  charge 
of  the  books,  records,  papers,  official  seal  and  other  property  in  its  office. 

2.  Advertise  and  issue  authority  to  hold  all  examinations  and  grant  au- 
thority to  candidates  to  enter  examinations.  Notify  candidates  of  the 
results  of  their  examinations  and  enter  the  names  of  successful  competitors 
upon  the  proper  register  of  eligibles. 

3.  Make  certification  to  appointing  officers,  upon  their  requisition,  of  those 
eligible  to  appointment  or  employment. 

4.  Keep  the  official  roster  and  have  charge  of  the  certification  of  payrolls 
and  estimates. 

5 Observe  that  the  rules  and  regulations  are  complied  with,  and  bring 
any  case  of  their  infraction  to  the  attention  of  the  commission. 

6.  Receive  all  communications,  conduct  the  correspondence  of  the  com- 
mission, and  perform  such  other  appropriate  duties  as  it  may  assign  him. 

Regulation  II.  Chief  Examiner. 

The  chief  examiner,  subject  to  the  direction  of  the  commission,  shall  have 
charge  of  all  matters  pertaining  to  examinations,  and  in  connection  there- 
with he  shall : 

1.  Prepare  blank  forms  for  application  for  examination. 

2.  Prepare,  after  consultation  with  the  appointing  officers  concerned, 
schemes  of  examinations,  including  age  limits  and  other  preliminary  require- 
ments for  candidates. 

3.  Receive  applications  for  examination  and  determine  all  questions  re- 
lating to  eligibility  of  candidates. 

4.  Supervise  the  preparation  of  questions  and  other  preliminary  arrange- 
ments for  examinations  and,  so  far  as  practicable,  attend  them. 


G4 


5.  Direct  the  work  of  examiners  and  take  care  to  secure  accuracy,  uniform- 
ity and  justice  in  their  proceedings.  Whenever  the  qualifications  for  a 
position  are  of  professional,  scientific,  technical  or  expert  character,  the 
chief  examiner  may  obtain  such  advice  and  assistance  from  competent  sources 
as  may  be  expedient.  In  case  a vacancy  occurs  in  any  position  of  examiner 
during  a recess  of  the  commission,  the  chief  examiner  may,  when  necessary, 
select  a person  to  fill  such  vacancy  temporarily,  pending  a permanent  selection 
by  the  commission. 

Regulation  III.  Examiners. 

1.  The  examiners  of  the  commission  are  classified  as  salaried  examiners, 
special  and  expert  examiners,  local  examiners,  institution  boards  of 
examiners. 

2.  The  salaried  examiners  shall  devote  their  whole  time  to  the  work  of  the 
commission  under  the  direction  of  the  chief  examiner. 

3.  Special  and  expert  examiners  shall  be  designated  and  employed  by  the 
commission  from  time  to  time  as  the  work  is  required  to  prepare  questions 
and  rate  candidates  in  competitive  examinations.  Such  examiners  shall  be 
paid  such  compensation  as  shall  be  agreed  upon  and  shall  be  subject  to  the 
general  direction  of  the  chief  examiner. 

4.  Local  examiners  shall,  so  far  as  practicable,  be  men,  and  shall  be 
appointed  in  the  various  cities  in  which  competitive  examinations  are  re- 
quired to  be  held.  The  chief  examiner  shall  designate  the  examiner  or 
examiners  to  hold  each  examination.  The  number  of  local  examiners  to 
be  employed  shall  not  exceed: 

For  1 to  10  competitors,  one  examiner. 

From  11  to  50  competitors,  two  examiners. 

From  51  to  100  competitors,  three  examiners. 

For  more  than  100  competitors,  four  or  more  examiners. 

The  compensation  of  local  examiners  shall  be: 

In  New  York  city,  for  examiner  in  charge,  $7.50  per  day;  assistants,  $5  per 
day.  In  Buffalo  and  Rochester,  for  examiner  in  charge,  $5  per  Cay;  assist- 
ants, $3.50  per  day. 

In  second  class  cities,  for  examiner  in  charge  $5  per  day;  assistants,  $3 
per  day. 

In  other  places,  for  examiner  in  charge,  $5  per  day;  assistants,  $2.50  per 
day. 

The  local  examiners  in  any  place  where  more  than  one  is  required  shall 
not  all  be  adherents  of  one  political  party  when  other  persons  are  available 
and  competent  to  serve. 

Local  examiners  shall  not  incur  expenses  in  connection  with  examinations 
beyond  necessary  stationery  and  supplies  except  at  the  direction  of  the 
commission  or  the  chief  examiner.  (As  amended  March  17,  1910). 

5.  Boards  of  examiners  shall  be  established  in  the  several  state  hospitals 
and  institutions  to  conduct  the  examination  of  persons  nominated  for  posi- 
tions in  the  non-competitive  class  by  the  proper  appointing  officer.  Such 
boards  shall  consist  of  three  or  more  members,  one  of  whom  shall  act  as  secre- 
tary and  two  or  more  of  whom  may  conduct  an  examination  in  the  absence 
of  the  others.  The  secretary  shall  keep  a record  of  the  proceedings  of  the 
board  and  of  the  examinations  held  by  it,  and  shall  report  to  the  commis- 


65 


sion  the  names  of  persons  examined  and  the  results  of  their  examinations^ 
The  application  and  examination  papers  of  candidates  shall  be  forwarded  to 
the  commission  with  the  report. 

6.  Examiners  shall  take  care  to  secure  uniformity  and  fairness  in  the  con- 
duct of  examinations.  They  must  not  disclose  the  details  of  answers  of  can- 
didates. No  examiner  or  other  person  serving  under  the  commission  shall 
attempt  to  influence  the  marking  or  grading  of  any  candidate,  or  the  selection, 
nomination,  appointment  or  employment  of  any  person  in  the  civil  service.. 


Regulation  IV.  Application. 

1.  All  applications  for  admission  to  examination  shall  be  made  upon  the- 
blank  forms  prescribed  and  furnished  by  the  commission,  and  no  one  will  be 
admitted  who  has  not  made  such  application  in  satisfactory  form. 

2.  In  every  application  for  examination  for  original  appointment  in  the 
competitive  class,  the  applicant  must  state  on  oath  and  in  his  own  hand- 
writing: (1)  the  position  or  kind  of  examination  desired;  (2)  his  full  name,, 
residence  and  postoffice  address;  (3)  his  term  of  residence  in  this  state;  (4) 
his  citizenship,  and  if  naturalized,  the  date  and  place  of  his  naturalization^ 
(5)  the  date  and  place  of  his  birth;  (6)  his  previous  employment  in  the 
civil  service,  if  any;  (7)  his  business  or  employment  for  the  last  preceding: 
five  years;  (8)  his  education;  (9)  if  in  the  army  or  navy  of  the  United/ 
States  in  the  late  civil  war  and  honorably  discharged  therefrom,  the  name  of 
organization  or  vessel  to  which  attached,  date  of  enlistment  or  commission, 
position  or  rank,  and  date  and  cause  of  discharge  from  the  service;  (IQ.),  such' t 
other  information  as  the  commission  may  require  touching  his  eligibility  and  i 
fitness  for  the  public  service. 

3.  The  application  must  be  accompanied  (1)  by  the  certificates  of  not 
less  than  three  nor  more  than  five  reputable  citizens  that  they  have-  been 
personally  acquainted  with  the  applicant  for  at  least  one  year  and  believe  him 
to  be  of  good  moral  character,  of  temperate  and  industrious  habits  and  in  all 
respects  fit  for  the  service  he  wishes  to  enter,  and  that  they  are  willing  that.  : 
such  certificate  shall  be  published  for  public  information,  and  (2)  if  the  ap- 
plicant is  an  honorably  discharged  soldier  or  sailor  of  the  late  civil  war,  by 
the  adjutant-general  s certificate  of  his  honorable  discharge  or  other  satis~ 
factory  evidence  of  the  same. 

4.  In  addition  to  the  information  above  mentioned  applicants  for  positions 
requiring  special  qualifications  shall  furnish  the  evidences,  certificates  and. 
licenses  required  under  the  provisions  of  section  5 of  rule  IX. 

No  person  shall  be  examined  who  has  any  of  the  following  defects  t- 
l'nsanity , tuberculosis,  paralysis,  epilepsy,  blindness,  total  deafness,  loss  of 
speech,  loss  of  both  arms  or  both  legs,  loss  of  arm  and  leg,  badly  crippled 
or  deformed  arms,  feet  or  legs,  heart  disease,  locomotor  ataxia,  eancer,. 
Bright’s  disease,  syphilis,  diabetes. 

5;  The  limits  of  age  at  the  time  of  application  for  the  following  named 
positions  are  as  follows:  Stenographer,  telegrapher,  stenographer  and  teleg- 
rapher, typewriter  copyist,  messenger,  chainman,  tracer,  minimum,  eighteen 
years;  page,  minimum,  fourteen  years  and  maximum,  eighteen  years;  junior 
clerk,  minimum,  sixteen  years;  reformatory  guard,  minimum,  twenty-five 
jears;  junior  bridge  draughtsman,  rodman,  minimum,  twenty  years.  For  all/ 


66 


other  positions  the  minimum  age  limit  is  twenty-one  years,  with  no  maximum 
limit. 

6.  Defective  applications  will  be  suspended  and  applicants  notified  to  amend 
the  same,  but  no  such  notice  will  be  given  or  opportunity  granted  a second 
time. 

7.  Applications  shall  be  filed  at  least  seven  days  before  the  date  of  exami- 
nation to  entitle  the  applicant  to  enter  the  same.  The  commission  or  its 
chief  examiner  may,  however,  waive  this  requirement  when  practicable. 

8.  The  date  of  the  reception  of  all  applications  shall  be  indorsed  thereon, 
and  entered  of  record  by  the  commission,  and  if  the  applicants  for  any  posi- 
tion are  in  excess  of  a number  that  can  be  examined  at  a single  examination, 
they  will  be  notified  to  appear  in  their  order  on  the  respective  records,  pro- 
vided that  veterans  shall  have  precedence  in  such  notification. 

9.  Applications  and  accompanying  certificates,  not  returned  for  correction, 
will  remain  on  file  in  the  office  of  the  commission,  and  under  no  circumstances 
will  be  returned  to  the  applicant. 

10.  Candidates  for  examinations  for  positions  in  the  non-competitive  class 
shall  file  applications  on  blank  forms  prescribed  by  the  commission  containing 
such  information  as  the  commission  shall  deem  necessary  in  regard  to  their 
eligibility  and  fitness  for  the  positions  applied  for.  Such  applications  may  be 
presented  at  the  time  of  examination  and  shall  be  forwarded  to  the  commis- 
sion by  the  examiners  together  with  the  examination  papers. 

Regulation  V.  Examinations. 

1.  Competitive  examinations  will  be  held  from  time  to  time  for  such  posi- 
tions as  shall  be  specially  requested  by  appointing  officers  and  for  those  for 
which  in  the  opinion  of  the  commission,  the  number  of  applicants  or  lack  of 
eligibles  renders  an  examination  desirable.  The  preliminary  requirements, 
subjects  of  examinations  and  relative  weights  for  positions  in  the  com- 
petitive class  shall  be  published  from  time  to  time.  The  place  and  date  of 
an  examination  for  any  position,  when  determined,  and  any  other  material 
information  in  regard  thereto,  will  be  posted  in  the  office  of  the  commission 
in  the  capitol  at  Albany  at  least  ten  days  before  the  date  of  such  examina- 
tion. 

Announcements  of  all  examinations  of  a public  and  general  interest  shall 
be  published,  so  far  as  practicable,  in  every  county  of  the  state  at  least 
ten  days  before  the  date  of  the  examination  in  one  or  more  prominent  news- 
papers of  the  county;  examinations  of  a professional  and  technical  nature 
shall  be  announced,  so  far  as  practicable,  in  suitable  periodicals  published 
in  this  state. 

2.  Notice  of  competitive  examination  will  be  mailed  previous  to  the  date 
thereof  to  each  applicant  entitled  to  enter  the  same.  If  an  applicant  fails  to 
receive  due  notice  of  an  examination,  or  gives  satisfactory  reasons  for  failure 
to  attend  an  examination,  he  shall  be  notified  to  attend  the  next  examination 
for  the  same  subdivision  and  group,  provided  such  examination  occurs  within 
one  year  from  the  date  of  filing  the  original  application. 

Notice  of  the  time  and  place  of  examination,  subjects  of  examination  and 
relative  weights  thereof  if  any  assigned,  shall  be  mailed  to  each  person  nomi- 
nated for  any  position  in  the  non-competitive  class,  at  least  one  week  in 


67 


advance  of  the  date  set  for  the  examination,  except  for  positions  in  state 
institutions  for  which  examination  is  to  be  conducted  by  a local  board  of 
examiners. 

3.  Applicants  must  present  themselves  promptly  at  the  hour  and  place 
specified  in  their  official  notification  signed  by  the  secretary  of  the  com- 
mission, and  no  one  will  be  admitted  to  an  examination  except  upon  the  pro- 
duction of  such  notification. 

4.  In  order  to  properly  identify  competitors,  each  person  presenting  himself 
for  examination  shall  fill  out  a “ Declaration  Sheet  ” on  which  he  shall  state 
the  essential  facts  contained  in  his  application  paper.  Each  declaration 
sheet  shall  bear  a different  number  which  shall  be  used  to  designate  the  ex- 
amination papers  of  the  competitor.  The  name  of  the  competitor  shall  not 
appear  on  his  examination  papers  except  on  the  declaration  sheet. 

5.  For  the  further  identification  of  appointees  and  for  the  prevention  of 
impersonation  in  examinations,  every  person  appointed  after  a competitive 
examination  shall  be  required  to  fill  out  an  identification  sheet  to  be  called 
“ Declaration  of  Appointee.”  Said  declaration  shall  require  a reiteration  of 
the  essential  facts  of  the  application  and  declaration  sheet  and  the  statement 
of  such  other  facts  as  the  chief  examiner  shall  require,  and  shall  be  filled  out 
by  the  appointee  in  the  presence  of  the  appointing  officer  or  his  representa- 
tive who  shall  attach  his  certificate  of  such  fact.  Such  declaration  shall  be 
forwarded  with  the  notice  of  appointment  to  the  state  civil  service  commis- 
sion and  shall  be  filed  with  the  examination  papers  of  the  appointee. 

6.  The  relative  weights  given  to  the  several  subjects  or  qualifications  in  an 
examination  shall  be  fixed  before  the  date  thereof  by  the  chief  examiner  under 
the  direction  of  the  commission. 

7.  Non-competitive  examinations  for  provisional  appointments  under  the 
provisions  of  rule  VIII  shall  be  in  their  scope  and  character  the  same  as  com- 
petitive examinations  to  fill  vacancies  in  the  same  positions. 

8.  Whenever  an  oral  examination  shall  be  prescribed  as  part  of  any  scheme 
of  examinations,  a stenographic  record  of  the  oral  questions  and  answers  shall 
be  made  and  the  transcript  thereof  shall  be  preserved  with  the  examination 
papers  or  report. 

Regulation  VI.  Marking  and  Grading  of  Examination  Papers. 

1.  So  soon  as  practicable  after  an  examination  the  papers  of  the  competitors 
shall  be  marked  and  the  general  average  of  each  ascertained.  Such  marking 
and  ascertainment  shall  be  under  the  direction  of  the  chief  examiner,  and,  so 
far  as  practicable,  shall  be  made  at  the  office  of  the  commission. 

2.  The  marking  of  each  competitor’s  papers  shall  be  made  on  the  scale  ot 
100,  which  maximum  shall  represent  the  highest  attainable  accuracy,  and 
0 shall  represent  entire  ignorance.  The  average  of  the  marking  of  the  several 
answers  upon  any  one  subject  shall  be  the  standing  on  that  subject. 

No  person  shall  have  his  name  entered  upon  an  eligible  list  who  fails  to 
attain  an  average  percentage  of  75,  or  over,  on  all  the  obligatory  subjects  in 
the  examination,  and  a percentage  of  60  or  over  on  every  such  obligatory 
subject. 

3.  The  absolute  or  general  average  standing  of  each  competitor  will  then 
be  made  up  in  form  substantially  as  follows,  in  accordance  with  the  re- 
spective weights  accorded  to  the  subjects: 


68 


! 

Examination  of  


SUBJECTS. 

Relative 

weights. 

Standing 

on 

subjects. 

Products. 

1.  Writing  from  dictation 

95 

285 

2.  Copying  from  manuscript 

2 

78 

156 

3.  Handwriting 

4 

80 

320 

4.  Spelling 

98 

294 

5.  Arithmetic 

62 

248 

6-  Geographv  and  history 

1 

70 

70 

7.  Constitutional  questions  

1 

63 

63 

8.  Making  a summary 

2 

75 

150 

Total  weight  and  product 

20 

1,586 

General  average  standing 

79.30 

It  will  be  observed  that  the  standing  on  each  subject  is  multiplied  by  the 
weight  given  that  subject  and  the  product  placed  in  the  third  column,  and 
the  sum  of  these  products,  divided  by  the  sum  of  the  weights,  gives  the 
general  average  standing. 

4.  Within  five  days  after  the  filing  of  the  report  of  any  competitive  exam- 
ination, each  competitor  will  be  advised  by  mail  by  the  secretary  of  the 
commission  as  to  the  result  of  his  examination  and  his  relatve  position  on 
the  eligible  list. 

5.  A competitor  receiving  such  notice,  may,  in  person  or  by  duly  authorized 
agent,  in  the  presence  of  any  officer  of  the  commission,  inspect  his  examina- 
tion papers,  and  if,  in  his  opinion,  injustice  has  been  done  him,  he  may, 
within  fifteen  days  after  the  receipt  of  notice,  appeal  specifying  particu- 
larly the  cause  of  complaint.  Such  appeal  will  be  considered  and,  if  sus- 
tained by  the  commission,  a revision  of  the  rating  of  the  appellant’s  papers 
will  be  made. 

6.  The  commission  shall  appoint  a committee  on  appeals,  consisting  of  one 
commissioner,  to  whom  all  appeals  together  with  the  report  of  the  chief 
examiner  or  technical  examiner  relative  thereto,  shall  be  referred,  and  who 
shall  report  thereon  at  the  next  meeting  of  the  commission. 

Regulation  VII.  Eligible  Lists. 

1.  After  an  examination  for  positions  in  any  grade  or  subdivision  in  the 
competitive  class,  the  names  of  such  competitors  as  are  eligible  under  the 
provisions  of  rule  XI  shall  be  entered  upon  an  eligible  list  for  such  position 
in  order  as  follows: 

First,  the  names  of  veterans  in  the  order  of  their  rating;  and,  second,  the 
names  of  other  eligibles  in  the  order  of  their  rating.  The  accuracy  of  all 
such  lists  shall  be  checked  by  two  officials  in  the  office  of  the  commission. 

2.  The  eligible  list  so  prepared  shall  be  entered  by  the  secretary  in  the 
proper  .place  in  the  register  of  eligible  lists.  Whenever  there  remain  on  the 
register  any  eligibles  for  any  position  at  the  time  when  the  eligibles  as- 
certained by  a new  examination  are  to  be  entered  thereon,  the  names  of  all 


69 


the  eligibles  shall  he  subject  to  the  above  regulation  as  to  the  order  in  which 
they  shall  be  entered. 

When  an  open  competitive  examination  produces  less  than  three  eligibles, 
any  eligibles  remaining  on  a former  list  for  the  same  position  shall  be  con- 
tinued on  the  new  list  until  its  expiraton,  provided  that  no  individual  shall 
be  eligible  for  more  than  four  years  without  re-examination. 

3.  The  term  of  eligibility  shall  be  one  year  from  the  date  of  filing  of  the 
report  of  the  examination,  or  until  a new  list  of  eligibles  for  the  same  posi- 
tions shall  be  filed,  if  longer  than  one  year,  unless  otherwise  prescribed  by 
the  commission.  The  term  of  eligibility  shall  be  two  years  for  the  following 
positions:  Court  stenographer,  state  hospital  matron,  assistant  civil  engi- 
neer, woman  physician,  regents’  examiner,  court  interpreter,  engineering 
draughtsman,  architectural  draughtsman,  apothecary,  examination  clerk, 
technical  and  trade  instructors,  chemist,  steward,  milk  expert,  butter  expert, 
cheese  expert,  vinegar  expert,  chief  engineer,  inspector  of  boilers  and  engines, 
building  inspector,  inspector  of  nurseries,  librarian  and  library  assistant. 
Whenever  a person  whose  name  is  on  an  eligible  list  for  any  position  shall 
enter  a new  examination  for  the  same  position  within  his  term  of  eligibility, 
his  eligibility  on  account  of  the  former  examination  shall  cease  from  the 
date  of  filing  of  the  report  of  the  new  examination  in  case  he  is  found 
qualified,  and  from  such  date  he  shall  be  credited  with  the  mark  and  relative 
position  obtained  in  the  new  examination. 

4.  Copies  of  eligible  lists  shall  not  be  furnished  by  the  commission  except 
to  the  appointing  officers  having  the  right  of  selection  from  such  lists.  The 
lists  will  be  open  to  public  inspection. 

5.  The  secretary  shall  certify  eligib-les  upon  the  requisition  of  an  appoint- 
ing officer  in  accordance  with  the  provisions  of  section  2 of  rule  VIII  in  such 
form  as  the  commission  may  prescribe.  No  appointment  shall  be  made  from 
any  certificate  of  eligibles  after  the  expiration  of  the  eligible  list  from  which 
such  certificate  is  drawn,  nor  after  receipt  by  the  commission  of  a report  of 
examination  providing  new  eligibles  for  such  list.  If  the  appointment  shall 
be  made  of  any  person  other  than  one  of  the  three  standing  highest  on  the 
eligible  list,  the  appointing  officer  shall  forward  to  the  commission  with  the 
notice  of  appointment  copies  of  all  correspondence  to  and  from  the  persons 
declining  such  appointment,  in  accordance  with  the  provisions  of  rule  XX 
and  section  2 of  rule  VIII. 

6.  Section  13  of  the  civil  service  law  requiring  appointments  to  positions 
in  the  state  service,  the  duties  of  which  are  confined  to  a locality  outside  of 
Albany  county,  to  be  made,  so  far  as  practicable,  from  residents  of  the 
judicial  district  including  such  locality,  shall  be  applied  as  follows: 

In  certifications  from  the  eligible  lists  of  clerks,  junior  clerks,  book- 
keepers, stenographers,  pages,  storekeepers,  messengers,  janitors,  assistant 
steam  engineers,  assistant  electrical  engineers,  firemen,  court  stenographers, 
court  attendants,  court  clerks,  building  inspectors,  housekeepers,  nurses,  su- 
pervisors, watchmen,  florists  and1  gardeners. 

When  the  services  to  be  performed  in  any  position  for  which  eligibles  are 
to  be  certified  from  any  of  the  eligible  lists  mentioned  in  this  section,  are 
confined  to  a locality  outside  of  Albany  county,  the  secretary  shall  certify 
from  the  proper  eligible  list  the  person  or  persons  standing  highest  who  are 
residents  of  the  judicial  district  in  which  the  service  is  located  or  of  the 


70 


judicial  districts  indicated  above;  but  if  there  be  no  eligibles  who  are  resi- 
dents of  such  judicial  district,  or  if  all  such  eligibles  shall  decline  the  appoint- 
ment, the  person  or  persons  standing  highest  on  the  whole  eligible  list  shall 
be  certified  unless  it  appears  to  the  satisfaction  of  the  commission  that  it  is 
not  practicable  to  appoint  from  outside  of  the  judicial  district,  in  which  case 
the  general  eligible  list  shall  not  be  deemed  a list  of  persons  eligible  for 
appointment  for  such  judicial  district. 

For  the  purpose  of  certification  under  this  regulation,  the  residence  of  any 
person  shall  be  deemed  to  be  the  place  stated  by  such  person  in  his  applica- 
tion to  be  his  legal  residence  at  the  time  such  application  is  filed,  but  in  case 
any  person  has  removed  from  the  county  or  judicial  district  in  which  he 
resided  at  the  time  of  the  filing  of  his  application  for  examination,  such  per- 
son shall  no  longer  be  eligible  to  appointment  from  that  county  or  district, 
but  shall,  after  three  months,  be  on  the  eligible  list  for  the  county  or  judicial 
district  into  which  he  has  moved. 

Regulation  VIII.  Accounts. 

1.  All  accounts  for  compensation  as  examiners  or  for  preparation  of  ques- 
tions or  marking  of  answers  and  papers,  or  other  expenses  of  examinations, 
shall  be  certified  by  the  chief  examiner. 

2.  All  accounts  for  other  expenses  of  the  commission,  except  those  for 
salaries  and  official  expenses  fixed  by  statute,  and  those  certified  as  above  by 
the  chief  examiner,  shall  be  certified  by  the  secretary. 

3.  All  accounts  certified  by  the  chief  examiner  and  secretary  shall  be  ap- 
proved by  the  commission  before  payment. 

Regulation  IX.  Information. 

1.  General  abstracts  from  the  provisions  of  the  law,  rules  and  regulations, 
and  other  pertinent  matter  will  be  published  by  the  commission  from  time  to 
time,  for  the  information  of  appointing  officers,  applicants,  candidates  and 
others  concerned. 

2.  The  commission  cannot  undertake  to  answer  inquiries  relating  to  cases 
which  are  not  officially  before  it  for  decision,  nor  can  it  decide,  except  in 
cases  of  actual  candidates,  questions  respecting  the  application  of  the  rules 
and  regulations. 

3.  Particular  answers  cannot  be  given  to  inquiries  which  are  answered 
expressly  or  by  implication  in  published  regulations  or  other  similar  docu- 
ments. 

4.  The  commission  cannot  give  any  information  upon  the  following  points: 
(a)  regarding  positions  in  the  unclassified  service  or  in  the  exempt  class  of 
the  classified  service;  (b)  regarding  vacancies  in  any  position  existing  or 
prospective;  (c)  regarding  the  duties  of  positions  except  as  indicated  by  their 
classification;  (d)  regarding  the  personal  interests  of  any  intending  or  actual 
applicant,  candidate  or  eligible. 

5.  The  examination  papers  of  a competitor  will  be  exhibited  only  to  the 
competitor  or  his  duly  authorized  representative,  or  to  the  appointing  officer 
to  whom  his  name  is  certified. 

6.  Copies  of  questions  used  in  examinations  cannot  be  furnished  except  in 
cases  where  they  are  published  by  the  commission  for  general  information. 


71 


7.  The  qualifications  of  applicants  and  subjects  of  examination,  as  pre- 
pared from  time  to  time,  will  be  published,  but  in  regard  to  certain  positions 
in  which  vacancies  are  rare  the  nature  and  extent  of  the  examinations  may 
not  be  determined  until  vacancies  occur. 

8.  Eligible  lists  may  be  published  with  the  standing  of  the  persons  named 
in  them,  but  under  no  circumstances  will  the  names  of  persons  passing  below 
the  minimum  standing  be  published  nor  will  their  examination  papers  be 
exhibited  or  any  information  given  about  them,  except  as  provided  in  the 
fifth  section  of  this  regulation. 

Regulation  X.  Residence  and  Citizenship. 

The  restrictions  of  section  5 of  rule  IV  and  section  2 of  rule  IX  as  to  resi- 
dence and  citizenship  shall  not  apply  to  the  following  positions: 

(a)  On  account  of  low  compensation: 

Attendants,  nurses  and  orderlies  in  asylums  and  hospitals  and  similar 
institutions. 

(b)  On  account  of  professional  or  scientific  requirements: 

All  positions  as  scientists,  technical  and  trade  instructors  and  positions 
requiring  special  training  and  education,  provided  that  if  the  eligible  list 
resulting  from  any  examination  held  for  such  a position  contains  the  names 
of  three  or  more  persons  who'  are  citizens  and  residents  of  Xew  York  State, 
such  persons  shall  be  preferred  in  certification  to  non-residents. 

Regulation  XI.  Commutation  for  Board  and  Lodgings. 

The  commutation  for  board  and  lodgings  under  section  12  of  rule  I shall 
be  as  follows: 

In  the  state  hospitals,  charitable  and  reformatory  institutions,  $12  per 
month,  apportioned  at  the  rate  of  $3  per  month  for  each  meal  and  $3  per 
month  for  lodging. 

Regulation  XII.  Positions  Classed  as  Laborers. 

The  following  positions  are  classified  as  laborers  exempt  from  examination 
under  rule  V : 

In  all  departments  and  institutions,  skilled  and  unskilled  laborers  em- 
ployed temporarily  on  work  of  repairs  and  construction  and  not  constituting 
part  of  the  regular  force  of  the  department  or  institution. 

In  the  Department  of  Public  Buildings: 

Laborers,  cleaners,  chief  porter,  porters,  portress,  roofer,  rigger,  seam- 
stress; attendant,  Executive  Mansion;  janitress,  Geological  Hall  (wife 
of  janitor) ; janitress,  State  House  (wife  of  janitor) ; attendant  in 
Senate  cloak  room  during  session  of  the  legislature,  at  compensation 
not  exceeding  three  dollars  per  day. 

/ 

In  the  Education  Department': 

Cleaners,  laborers,  porters,  apprentice  to  compositor,  one  attendant  and 
shipper  at  compensation  not  exceeding  $60  per  month. 

In  the  office  of  the  Public  Service  Commission,  First  District: 

One  porter  for  the  commission  offices. 


72 


In  the  State  Hospitals: 

Assistant  barbers,  assistant  butchers,  assistant  cooks,  assistant  meat- 
cutters,  assistant  shoemakers,  assistant  tailors,  bakers’  helpers,  car- 
penters’ helpers,  coachmen,  cooks,  chambermaids,  domestics,  drivers, 
farmers,  kitchen  helpers,  knitters,  laundresses,  laborers,  loopers,  ma- 
chine hands,  masons’  helpers,  plumbers’  helpers,  porters,  seamstresses, 
soapmakers,  steamfitters’  helpers,  teamsters,  waitresses,  mates,  deck- 
hands; and  in  the  Willard  State  Hospital,  engineers,  firemen,  brakmen, 
trackmen  and  conductors  employed  upon  the  railroad. 

In  the  State  Normal  School  at  Brockport: 

One  watchman  at  a compensation  not  to  exceed  $30  per  month,  without 
maintenance. 

In  the  office  of  the  Health  Officer  of  the  Port  of  New  York: 

Cleaner,  laundress. 

In  the  State  Charitable  and  Reformatory  Institutions: 

Assistant  farmers,  assistant  cooks,  barbers,  chambermaids,  cloakmakers, 
coachmen,  cooks,  domestics,  dressmakers,  farm  housekeepers,  hose- 
makers,  kitchen  helpers,  laborers,  launderers,  laundresses,  seamstresses, 
sewerage  tenders,  teamsters,  waiters,  waitresses;  also  at  the  Soldiers 
and  Sailors’  Home,  Bath,  inmate  sergeant-major,  $25  per  month; 
inmate  commissary-sergeant,  inmate  clerk  headquarters,  inmate  clerk 
to  cashier,  inmate  clerk  to  quartermaster,  $20  per  month  each,  inmate 
employees  whose  compensation  is  not  more  than  $15  per  month,  and  at 
the  state  reformatory  at  Elmira,  head  waiter. 

In  Sing  Sing  Prison: 

Stableman.  (Classified  December  23,  1909.) 

In  the  New  York  State  Hospital  for  the  Care  of  Crippled  and  Deformed. 
Children  at  West  Haverstraw: 

Repairer. 

In  the  Department  of  Health: 

Cleaner,  stableman;  laborer  in  cancer  laboratory. 

In  the  Department  of  the  State  Fair  Commission: 

Caretaker. 

In  the  Department  of  the  State  Engineer  and  Surveyor: 

Guides  in  the  North  Woods,  boatmen,  laborers;  charwoman  at  not  to 
exceed  $1.25  per  day  (as  amended  Aug.  26,  1909). 

In  the  State  Department  of  Highways: 

Patrolmen  on  improved  highways,  furnishing  horse,  wagon  and  necessary 
tools,  compensation  not  exceeding  $78  per  month;  patrolmen  on  im- 
proved highways,  furnishing  two  horses  and  wagon,  and  necessary 
tools,  compensation  not  exceeding  $5  per  day;  charwomen,  compensa- 
stion  $1.00  per  day. 


73 


In  the  Department  of  Public  Works. 

Patrolmen,  locktenders,  watchmen,  cooks,  teamsters,  boat  captains,  boat 
commanders,  water  boys,  pavers,  feeder  tenders,  carpenters,  reservoir 
tenders,  pilots,  firemen,  cranesmen,  bridgetenders,  deck  hands,  painters, 
blacksmiths,  weighmasters,  divers,  janitors,  laborers;  masons,  stone- 
cutters and  bosses  of  gangs  whose  compensation  does  not  exceed  $2.50 
per  day. 

l’n  the  office  of  the  Commissioners  of  the  State  Reservation  at  Niagara: 

Janitors,  caretakers,  scrub  women. 

In  the  Agricultural  Experiment  Station  at  Geneva: 

Goatherd.  (Classified  March  3,  1910.) 

l'n  the  Albany  County  Almshouse: 

Hostlers,  farmers,  assistant  farmers,  cooks,  assistant  cooks,  laborers, 
cleaners,  nurses  at  not  to  exceed  fifteen  dollars  per  month. 

In -the  Albany  County  Building: 

Cleaners,  laborers. 

In  the  office  of  the  City  Hall  Commission,  Albany  County: 

Cleaners. 

In  the  Albany  County  Penitentiary: 

Cooks,  laborers. 

In  the  office  of  the  Superintendent  of  the  Poor,  Chautauqua  County: 

Cooks;  teamsters;  laborers;  domestics. 

In  the  office  of  the  Sheriff,  Erie  County: 

Porters,  waitresses,  cooks,  laundresses. 

In  the  Erie  County  Almshouse: 

Bakers,  seamstresses,  assistant  seastresses,  cooks,  assistant  cooks, 
waitresses,  masons,  matron  (wife  of  keeper  or  deputy  keeper), 
laundresses,  assistant  laundresses,  carpenters,  chambermaids,  farm 
laborers.  (As  amended  January  21,  1910.) 

In  the  Erie  County  Lodging  House. 

Cooks;  matron  (wife  of  superintendent)  (classified  January  7,  1910.) 

In  the  office  of  the  Commissioner  of  Elections,  Erie  County: 

Carpenters  and  mechanics  at  compensation  not  exceeding  $3.20  per  day, 
one  foreman  carpenter  at  compensation  not  exceeding  $4.50  per  day. 

In  the  Erie  County  Penitentiary: 

Cooks,  bakers,  teamsters,  kitchen  matrons,  prison  matron  (charge  of 
laundry),  prison  matron  (charge  of  sewing-room),  house  matron 
(charge  of  housework),  matron  (wife  of  superintendent). 


74 


In  the  Department  of  the  Trustees  of  the  City  and  County  Hall,  Erie 
County : 

Charwomen. 

In  the  office  of  the  Register,  Kings  County: 

Keeper  of  coatroom. 

In  the  office  of  the  Sheriff,  Monroe  County: 

Cooks,  servants,  cleaners,  washerwomen,  matron  (wife  of  sheriff),  porter 
at  compensation  not  exceeding  $85  per  month. 

In  the  Monroe  County  Court  House: 

Laborers,  charwomen. 

In  the  office  of  the  Superintendent  of  the  Poor,  Monroe  County : 

Farmers,  farm  laborers,  cooks,  laundresses,  waitresses,  laundry  helpers, 
ward  helpers. 

In  Monroe  County  Penitentiary: 

Farmers,  domestics,  cooks,  laundry  helpers. 

In  the  office  of  the  Sheriff,  New  York  County: 

Six  cleaners,  two  cooks,  two  assistant  cooks,  one  laundress,  two  van 
drivers. 

In  the  office  of  the  Superintendent  of  the  Poor,  Niagara  County: 

Laborers;  cooks;  firemen  and  washmen;  assistant  nurse  or  orderly, 
salary  not  to  exceed  $15  per  month  (classified  January  7,  1910). 

In  the  office  of  the  Superintendent  of  the  Poor,  Oneida  County: 

Attendant  receiving  less  than  $30  per  month  and  maintenance;  seam- 
stress; cook;  waitress;  laundress;  teamster;  butcher;  laborer; 
domestic. 

In  the  office  of  the  Sheriff,  Oneida  County: 

Fireman  at  the  jail  at  Utica.  (Classified  February  17,  1910). 

In  the  office  of  the  Superintendent  of  the  Poor,  Onondaga  County : 

Waitresses,  laundresses,  teamsters,  farmers,  cooks,  seamstresses,  janitors, 
orderlies,  kitchen  helpers,  kitchen  girls,  wTard  helpers,  laborers. 

In  the  Onondaga  County  Penitentiary: 

Cooks,  laundresses,  pump  tenders,  matron  (wife  of  superintendent). 

In  the  Court  of  Appeals  Library,  Syracuse: 

Janitress. 

In  the  Onondaga  County  Court  House: 

Charwomen,  laborers. 


75 


In  the  office  of  the  Superintendent  of  the  Poor,  Orange  County: 

Hospital  helper;  laundress;  laborer;  baker  and  cook;  workman. 

In  the  office  of  the  Sheriff,  Orange  County: 

The  matron  (wife  of  sheriff);  cook.  (Classified  February  3,  1910.) 

In  the  office  of  the  Sheriff,  Queens  County: 

Cooks;  assistant  cooks;  laundresses.  (Classified  March  3,  1910.) 

In  the  office  of  the  County  Treasurer,  Rensselaer  County: 

The  janitress. 

In  the  office  of  the  Superintendent  of  the  Poor,  Rensselaer  County: 
Teamster;  laborer. 

In  the  office  of  the  Sheriff,  Richmond  County: 

Cooks;  farm  hand. 

In  the  office  of  the  Superintendent  of  the  Poor,  Suffolk  County: 

Farmer;  fireman;  cook;  seamstress;  general  helper. 

l’n  the  office  of  the  Superintendent  of  the  Poor,  Ulster  County: 

Housekeeper;  laundryman;  cook;  baker;  kitchen  helper;  farm  help;  do- 
mestic ; laborer. 

In  the  office  of  the  Sheriff,  Westchester  County: 

Cooks,  caretaker  of  grounds. 

In  the  office  of  the  Superintendent  of  the  Poor,  Westchester  County. 

Cooks,  baker  at  compensation  not  exceeding  $15  per  month. 

In  the  office  of  the  Board  of  Supervisors,  Westchester  County: 

Janitress;  oiler,  Westchester  county  powerhouse.  (Classified  April  7, 
1910.) 

In  the  Village  of  Batavia: 

Lamp  trimmer;  laborers,  or  day  workmen. 

In  the  Village  of  Canandaigua: 

Janitors,  fire  department  buildings;  janitors,  town  house;  keeper  of  the 
town  clock;  laborers,  or  day  workmen. 

In  the  Village  of  Ossining: 

Leveler  on  public  dump;  laborers,  or  day  workmen.  (As  amended  April 
7,  1910). 

In  the  village  of  Peekskill: 

Laborers,  or  day  workmen;  teamsters  with  teams. 

In  the  Village  of  Port  Chester: 

Laborers,  or  day  workmen;  one  janitor. 


76 


In  the  Village  of  Saratoga  Springs: 

Laborers,  or  day  workmen;  pound  master. 

In  the  Village  of  White  Plains: 

Laborers,  or  day  workmen;  street  cleaners;  night  men  at  sewage  dis- 
posal works.  (As  amended  May  5,  1910.) 

The  omission  of  any  position  from  the  foregoing  list  shall  not  be  deemed  to 
exclude  from  the  exempt  class  any  position  falling  within  the  definition  of 
“ laborer  ” as  given  in  rule  I. 

Regulation  XIII.  Municipal  Inspection. 

The  state  civil  service  commission  shall,  by  one  or  more  of  its  members,  or 
its  secretary,  or  its  chief  examiner,  officially  visit  each  city  in  the  state  at 
least  once  in  two  years,  and  inquire  into  the  method  of  the  administration  of 
the  civil  service  law  in  such  city,  and  ascertain  whether  the  municipal  com- 
missioners and  other  city  officials  faithfully  discharge  their  duties  in  respect 
to  compliance  with  said  law. 

Regulation  XIV.  Temporary  Appointments. 

Whenever  an  appointing  officer  desires  to  make  a temporary  appointment 
for  a period  exceeding  one  month,  he  shall  notify  the  commission  of  the 
nature  of  the  service  required,  term  of  employment  and  rate  of  compensation 
to  be  paid,  and  the-  commission  shall  certify  to  the  appointing  officer  the 
names  of  the  three  persons  standing  highest  upon  the  general  eligible  list, 
who,  upon  inquiry,  are  found  willing  to  accept  such  temporary  appointment, 
from  whom  a selection  shall  be  made  for  the  temporary  service  required. 

By  the  Commission, 

Attest: 

JOHN  C.  BIRDSEYE, 

Secretary.. 


Albany,  July  5,  1909. 


INDEX 


(N.  B. — This  index  is  neither  a syllabus  nor  construction  of  the  law  or  rules,  but  a mere 
reference  to  designated  subjects.  The  word  “ Commission  ” means  the  State  Commission. 
“ L ” stands  for  the  Civil  Service  Law.  “ Rule  ” refers  to  the  State  Civil  Service  Rules. 
“ Reg.”  refers  to  the  General  Regulations.) 


ACCOUNTS  of  State  Commission 

AGE  LIMITATIONS 

APPEAL  from  rating  given  in  examination 

APPEALS,  Commission  shall  appoint  committee 

APPLICANTS  — necessary  qualifications  of  and  information 
required  from 


certain  prerequisites  may  be  demanded  from 

information  to 

to  be  citizens  and  residents  of  the  State 

to  be  residents  of  county 

exceptions  to  residence  requirement 

APPLICATIONS  TO  ENTER  EXAMINATIONS  shall  be  re- 
quired by  the  Commission 


blank  forms  for  — must  be  used 

may  be  rejected  for  certain  reasons 

APPOINTING  OFFICERS  defined 

shall  not  appoint  or  employ  any  person  except  under  provi- 
sions of  law 

shall  be  legally  liable  for  compensation  of  persons  not  properly 

appointed  or  employed  by  them 

are  to  be  notified  of  the  rules 

may  require  a bond  of  persons  in  fiduciary  positions 

to  forward  copies  of  correspondence,  etc 

to  report  all  changes  in  positions  under  them 


Page. 


Reg.  viii.... 70 

Rule  ix,  3 47 

Reg.  iv,  5 65 

Reg.  vi,  5 68 

Reg.  vi,  6 68 

L.  § 14 10 

Rule  ix,  2,  3,  5 47 

Reg.  iv 64 

Rule  ix,  5 47 

Reg.  ix 70 

Rule  ix,  2 47 

Rule  iv,  5 24 

Reg.  x 71 

L.  § 14 10 

Rule  ix,  1 47 

Reg.  iv 65 

Rule  ix,  1 47 

Reg.  iv 65 

Rule  ix,  3,  4,  6 47 

Reg.  iv,  4 65 

L.  § 2 3 

Rule  i,  7 21 

L.  § 9 7 

L.  § 8 6 

L.  § 10 7 

L.  § 14 10 

Rule  x,  8 48 

Reg.  vii,  5 69 

L.  § 19 12 

Rule  xx 59 


shall  not  consider  political  reasons  in  appointments,  pro- 


motions or  removals L.  § 25 

Rule  ii,  5. . . . 

how  to  request  certifications  for  appointments Rule  viii,  2 . . . 

to  send  pay-rolls  to  Commission  for  certification Rule  xxii 

APPOINTMENTS  in  the  classified  service Rule  iv 

to  positions  in  the  exempt  class L.  § 13 

Rule  vi 

to  positions  in  the  competitive  class L.  § 14 

Rule  viii 

L.  § 45 

to  be  made  from  list  most  nearly  appropriate L.  § 14 

Rule  viii,  1,  2 
Rule  xi,  3 . . . 


16 

22 

44 

60 

23 

9 

40 

10 

44 

19 

10 

44 

49 


177] 


78 


APPOINTMENTS  — (Continued).  Page. 

to  positions  in  the  non-competitive  class L.  § 17 12 

Rule  xix 58 

emergency Rule  xiii,  3,  4 50 

provisional  — in  case  of  urgency  when  no  eligible  list  exists. . L.  § 15 11 

Rule  viii,  4 45 

temporary L.  § 15 11 

L.  § 44 19 

Rule  viii,  6,  7,  8 46 

Rule  xiii 50 

Reg.  xiv 76 

are  unlawful  unless  person  has  passed  examination  or  is 

exempt L.  § 19 12 

Rule  iv,  2 23 

political  opinions  or  affiliations  shall  not  be  considered  in. . . . L.  § 25 16 

Rule  ii,  5 22 

to  positions  outside  of  Albany  may  be  confined  to  judicial 

districts L.  § 14 10 

Rule  iv,  4 24 

Reg.  vii,  6 69 

to  county  positions  to  be  made  from  residents  of  county Rule  iv,  5 24 

in  the  competitive  class  — question  of  sex  in Rule  viii,  2 44 

declination  of  — how  governed Rule  viii,  2 44 

without  examination,  when  temporary  and  occasional Rule  viii,  9 46 

without  examination,  where  exceptional  qualifications  are  re- 
quired  L.  § 15 11 

Rule  viii,  5 46 

when  competition  fails Rule  viii,  10 46 

under  titles  not  appropriate,  forbidden L.  § 14 10 

Rule  xxii,  6 61 

by  promotion  when  practicable Rule  xiv,  2 50 

L.  § 45 19 

original,  to  be  made  to  lowest  grades Rule  xiv,  2 50 

L.  § 45 19 

when  shall  be  made  from  suspended  list  in  preference  to 

eligible  list Rule  xvi,  3 53 

BOND  AS  SECURITY  may  be  required  of  appointees  to 

fiduciary  positions L.  § 14 10 

Rule  x,  8 48 

BRIBERY  through  abuse  of  the  civil  service  defined  and  made 

penal L.  § 27 17 

BUILDINGS,  PUBLIC,  may  be  used  for  examination.  .......  L.  § 5 5 

CANDIDATES  FOR  OFFICE  shall  not  use  the  civil  service  as 

a means  of  bribery  or  reward L.  § 27 17 

CERTIFICATION  FOR  APPOINTMENT,  from  eligible  lists, 

how  made Rule  viii,  2 44 

Reg.  vii 68 

for  promotion Rule  xiv,  7 52 

from  suspended  lists Rule  xvi,  3 53 

CHIEF  EXAMINER  OF  STATE  SERVICE.  See  “ Exam- 
iner, Chief.” 

CITIZENSHIP  AND  RESIDENCE  OF  APPLICANTS Rule  iv,  5 24 

Rule  ix,  2 47 

Reg.  x 71 

CITY  SERVICE  defined L.  § 2 3 

classified  — general  provisions L.  § 11 7 

classified  in  four  classes L.  § 12 9 

CIVIL  SERVICE,  of  State  defined L.  § 2 3 

Rule  i,  4 21 

how  divided L.  § 9 7 

Rule  iii,  1 23 

L.  §12 9 

Rule  iii,  3 


how  classified 


23 


79 


CIVIL  SERVICE  — (Continued). 

Page. 

of  civil  divisions  of  State  defined 

L.  § 2 

3 

Rule  i,  4 

21 

how  divided 

L.  § 9 

7 

Rule  iii,  1 

23 

how  classified 

L.  § 12 

9 

Rule  iii 

23 

how  rules  may  be  extended  to 

L.  § 10 

7 

Rule  xxiv 

62 

of  cities,  see  “ City  Service.” 

CIVIL  WAR,  veterans  of,  entitled  to  preference 


cannot  be  removed  except  for  incompetency  or  misconduct . . 

shall  be  transferred  when  position  is  abolished 

compensation  of,  when  reinstated  by  order  of  the  courts 

CLASS  — term  defined 

exempt,  see  “ Exempt  Class.” 
competitive,  see  “ Competitive  Class.” 
non-competitive,  see  “ Non-Competitive  Class.” 
CLASSIFICATION  of  service  of  State,  its  civil  divisions  and 
cities 


CLASSIFICATION  OF  EMPLOYEES  in  grades 

CLASSIFIED  SERVICE,  see  “ Service,  Classified.” 

CLERKS  and  other  employees  to  be  classified  in  grades 

temporary,  may  be  appointed 

COMMISSION  and  State  Commission  defined 

COMMISSION,  MUNICIPAL,  see  “ Municipal  Commission.” 

COMMISSION,  STATE,  how  appointed  and  removed 

requirements  and  limitations  of  members  of 

salary  and  expenses  of 

president,  officers  and  employees  of 

office  of 

powers  and  duties  of — shall  prescribe  rules  having  force  of  law, 
make  investigations,  subpoena  witnesses,  administer  oaths, 
report  annually  to  legislature,  and  hold  monthly  meetings 

at  Albany 

may  be  compelled  by  mandamus  to  issue  certificates  to 

persons  legally  appointed 

all  reasonable  facilities  to  be  given  by  public  officers  and 

subordinates 

shall  make  rules  and  regulations  for  State  service 

shall  not  expend  money  in  excess  of  appropriation 

may  in  certain  cases  make  rules  for  cities,  remove  municipal 
commissioners,  amend  or  rescind  any  city  rule,  all  city  rules 
subject  to  its  approval,  shall  report  annually  on  the  city 

service  

shall  prepare  lists  of  requirements  for  and  subjects  of  ex- 
aminations  

shall  require  formal  applications 

may  refuse  certain  applications 


shall  appoint  examiners 


COMMITTEE  ON  APPEALS  to  be  appointed  by  Commission. 


L.  § 21 14 

Rule  xi,  1 49 

Rule  xvi,  2,  3 53 

L.  § 22 14 

L.  § 22 14 

L.  § 23 15 

Rule  i,  8 21 


J-i.  8 

Rule  iii 

23 

Rule  xxiv 

....  62 

L.  § 41 

. . . . 18 

L.  § 41 

. . . . 18 

L.  § 44 

19 

L.  § 2 

3 

Rule  i,  2 

21 

L.  § 3 

. . . . 4 

L.  § 3 

4 

L.  § 3 

. . . . 4 

L.  § 4 

' 4 

L.  § 5 

5 

L.  § 6 5 


L.  § 20 

13 

L § 7 

6 

L.  § 10 

7 

L.  § 4 

4 

L.  § 11 

7 

L.  § 14 

10 

Rule  x,  2,  3. . . . 

00 

L.  § 14 

Rule  ix 

47 

L.  § 14 

Rule  ix,  4,  6 . . . 

47 

Reg.  iv,  4 

L.  § 4 

Rule  x,  4 

48 

Rule  xix,  2 . . . . 

58 

Reg.  vi,  6 

68 

80 


COMPENSATION  — term  defined 

of  persons  illegally  appointed  shall  be  paid  by  the  officer 

appointing 

commutation  for  board  and  lodging 

extra,  not  to  be  allowed 

of  local  examiners 

of  veteran  reinstated  by  order  of  the  courts 

COMPETITIVE  CLASS  — definition  of  positions  in 

includes  all  positions  not  otherwise  classified  

positions  in,  arranged  in  groups 

employees  separated  from,  may  be  reinstated  in 

classification  in,  by  the  rules  does  not  confer  certain  rights. . . 
appointments  to 

to  be  made  from  eligible  list  most  appropriate 


to  be  made  in  certain  cases  from  residents,  etc 


ikceptions  from  examination 
temporary 


provisional  — in  case  of  urgency  when  no  eligible  list 
exists 

procedure  when  competition  fails 

CONSTITUTIONAL  PROVISION 

COUNTIES,  rules  extended  to  service  of 

COURT  positions  in  State  service  in  exempt  class 

DEFINITION  OF  TERMS 

DISBURSING  OFFICERS  shall  pay  for  services  only  upon 
accounts,  etc.,  certified  by  the  State  or  Municipal  Com- 
mission  

are  liable  for  payment  of  services  not  properly  certified 

method  of  certification  of  pay-rolls,  etc.,  for 

ELIGIBLE  LISTS  — appointment  to  be  made  from  the  most 
appropriate 


copies  of,  shall  not  be  furnished  except  to  appointing  officers . 
new  — to  be  created  only  under  certain  conditions 

certain  persons  on  — may  be  refused  appointment 

persons  on  — who  decline  appointment 

for  promotion  to  be  valid  for  one  year 

for  promotion  — how  prepared  and  certified 

how  constructed 

precedence  on 


Page. 

Rule  i,  12 22 

I-  § 8 6 

Reg.  xi 71 

L.  § 43 19 

Reg.  iii,  4 64 

L.  § 23 15 

L.  § 14 10 

Rule  vii 40 

L.  § 14 10 

Rule  vii 40 

Rule  vii 40 

Rule  x vi,  1,  4 53,  54 

Rule  iii,  4 23 

L.  § 14 10 

Rule  viii 44 

L.  § 14 10 

Rule  viii,  1,  2 44 

Rule  xi,  3 49 

L.  § 14 10 

Rule  iv,  4,  5 24 

Reg.  vii,  6 69 

L.  § 15 11 

Rule  viii,  5,  9 46 

L.  § 15 11 

L.  § 44 19 

Rule  viii,  6,  7,  8 46 

Rule  xiii,  4 50 

Reg.  xiv 76 

L.  § 15 11 

Rule  viii,  4 45 

Rule  viii,  10 46 

20 

Rule  xxiv 62 

L.  § 13 9 

Rule  v,  24 40 

L.  §2 3 

Rule  i 21 

L.  § 20 13 

L.  § 20 13 

Rule  xxii 60 

L.  § 14 10 

Rule  viii,  1,  2 44 

Rule  xi,  3 49 

Reg.  vii,  4 69 

L.  § 14 10 

Rule  xi,  3 49 

L.  § 14 10 

Rule  ix,  4 47 

Rule  viii,  2 44 

Rule  xiv,  7 52 

Rule  xiv,  7 52 

Rule  xi,  1 49 

Reg.  vii 68 

Rule  xi,  2 49 


81 


Page. 

ELIGIBILITY,  TERM  OF 

10 

Rule  xi,  5 

49 

Reg.  vii,  3 

69 

EMERGENCY  APPOINTMENTS 

Rule  xiii,  3,  4.  . 

50 

EMPLOYEE,  PUBLIC  — term  defined 

L.  § 27 

17 

EMPLOYMENT  is  in  the  Civil  Service  Law  invariably  con- 
joined with  “ Appointment,”  which  see. 

EXAMINATIONS  FOR  STATE  SERVICE 

Rule  x 

47 

Reg.  v 

66 

where  and  when  held : 

7 

Rule  x,  5 

48 

requirements  for  and  subjects  of,  to  be  prepared  by  the*  Com- 
mission   

L.  § 14 

10 

Rule  x,  2 

47 

Reg.  v 

66 

to  be  public  and  practical 

L.  § 14 

10 

Rule  x,  1 

47 

certain  obstructions  of  or  frauds  in  — are  misdemeanors 

L.  § 24 

16 

for  purposes  of  — groups  and  subdivisions  >may  be  further 
divided 

Rule  vii,  2 

43 

physical  — may  be  required 

Rule  x,  6 

48 

special  certificates  supplementary  to  — may  be  required 

Rule  x,  7 

48 

no  person  admitted  to  new  examination  within  nine  months. 

Rule  x,  9 

48 

papers  in  — will  be  rated  on  a scale  of  100  as  the  maximum . . 

Rule  x,  10 

48 

Reg.  vi 

67 

for  promotion 

Rule  xiv,  5-8.  . . 

. .51, 

52 

Rule  xix . 

58 

grading  of  papers  in 

Reg.  vi 

67 

not  required  for  reinstatement  in  certain  cases 

Rule  xvi,  1,  4..  . 

54 

EXAMINATIONS  FOR  CITY  SERVICE  to  be  public  and 
practical 

L.  § 11 

7 

L.  § 14 

10 

requirements  for  and  subjects  of  — to  be  prepared  by  mun- 
icipal commission 

L.  § 14 

10 

applications  for 

L.  § 14 

10 

EXAMINER,  CHIEF,  OF  STATE  SERVICE,  how  appointed 
and  salary 

L.  § 4 

4 

has  power  to  administer  oaths 

L.  § 6 

5 

shall  prepare  examinations 

Rule  x,  2 

47 

duties  of 

Reg.  ii 

63 

EXAMINERS,  how  appointed  and  compensated 

L.  § 4 

4 

Rule  x,  4 

48 

Reg.  iii 

64 

when  in  official  service,  how  compensated 

L.  § 4 

4 

for  non-competitive  class 

Rule  xix,  2.  ..  . 

58 

Reg.  iii 

64 

EXEMPT  CLASS  — positions  included  in 

L.  § 13 

9 

Rule  v 

24 

list  of  positions  in  State  service 

Rule  v 

25 

list  of  positions  in  county  service 

Rule  v 

31 

appointments  in  — how  made 

L.  § 13 

9 

Rule  vi 

40 

in  State  service  to  include  all  unskilled  laborers  and  all  skilled 
laborers  not  otherwise  classified 

L.  § 13 

9 

Rule  v 

. . .24, 

31 

positions  in  — at  time  when  rules  go  into  operation,  if  in 
excess,  how  reduced 

Rule  iii,  5 

23 

FIREMEN,  CITY  — certain  rights  of,  protected 

L.  § 11 

8 

FIREMEN,  VOLUNTEER  — can  be  removed  only  for  certain 
causes  after  a hearing 

L.  § 22 

14 

to  be  transferred  when  position  is  abolished 

L.  § 22 

14 

list  of  suspended  — to  be  kept 

Rule  xvi,  3 . . . . 

53 

GOVERNOR  may  appoint  and  remove  members  of  State  Com- 
mission  

to  approve  all  State  rules 

approve  removal  of  municipal  commissioners  by  State  Com- 
mission  

GRADE  — term  defined 

GRADES  of  positions  in  competitive  class 

established 

original  appointments  to  be  made  to  lowest 

GROUP  — term  defined # 

GROUPS  of  positions  in  competitive  class 

INFORMATION  to  applicants 

IDENTIFICATION  of  competitors 

of  appointees 

INSPECTION,  MUNICIPAL 

JUDICIAL  DISTRICTS  — when  duties  of  position  are  confined 
to  — residents  are  to  be  appointed 


JUDICIAL  OFFICERS  — elective  — entitled  each  to  one  clerk 
in  exempt  class 

LABORER  — term  defined 

positions  classed  as 

LABORERS  IN  STATE  SERVICE  not  to  be  examined  or 
registered 

LABOR  CLASS  IN  CITIES  to  be  registered  and  subject  to 

rules  — prerequisites  for  registration 

LAWS  REPEALED,  schedule  of 

MARINES  in  civil  war  — certain  preferences  to 

MAYORS  OF  CITIES  shall  appoint  and  may  remove  municipal 
commissioners,  and  failing  to  appoint  them,  they  may  be 
appointed  by  State  Commission  — shall  approve  all  munic- 
ipal rules 

MILITIA  AND  MILITARY  DEPARTMENTS  — officers  of  and 

positions  in,  not  included  in  civil  service 

MUNICIPAL  COMMISSIONS  — term  defined 

members  of — how  appointed;  general  powers;  shall  pre- 
scribe rules  and  regulations  for  city  service,  which  must 
be  approved  by  mayor  and  State  Commission;  must  report 
annually  to  Commission  and  send  copy  of  city  roster;  may 
be  appointed  by  Commission  if  mayor  neglects  to  do  so; 
their  rules  may  be  amended  or  rescinded  by  Commission; 
removable  by  mayor  or  by  unanimous  vote  of  Commission 

approved  by  the  Governor 

MUNICIPAL  INSPECTION 

NON-COMPETITIVE  CLASS  — positions  included  in 

appointments  to  and  employment  in 


examinations  for 

OFFICERS  — APPOINTING,  see  “ Appointing  Officers.” 
OFFICERS  — DISBURSING,  see  “ Disbursing  Officers.” 
OFFICERS  — PUBLIC,  see  “ Public  Officers.” 

of  the  State  and  its  civil  divisions  to  allow  use  of  public  build- 
ings for  examinations 

PAYMENTS  FOR  SERVICES  — how  certified 

POLICEMEN  — certain  rights  of  — to  be  respected 


L.  § 3 

L.  § 10.. . . 

L.  § 11..  . . 
Rule  i,  11. . 
Rule  vii,  4. 
L.  § 42. . . . 
L.  § 45..  . . 
Rule  xiv,  2 
Rule  i,  9. . . 
Rule  vii . . . 
Reg.  ix. . . . 
Reg.  v,  4 . . 
Reg.  v,  5.  . 
Reg.  xiii . . . 

L.  § 14. . . . 
Rule  iv,  4 . 
Reg.  vii,  6. 

L.  § 13. . . . 
Rule  v . . . . 
Rule  i,  14 . 
Reg.  xii . . . 

L.  § 10.. . . 
Rule  v 

L.  § 18.. . . 

L.  § 60 

L.  § 21.. . . 


L.  § 11. . 

L.  § 2. . 
L.  § 2.. . 
Rule  i,  3 


L.  § 11..  .. 
Reg.  xiii. . . 

L.  § 17 

Rule  xviii. . 

L.  § 17.. . . 
Rule  xiii,  3 
Rule  xix,  1,  2 
Rule  xix,  3 . . 


L.  § 5. . 
Rule  xxii 
L.  § 11.. 


8 


9 

O 


POLITICAL  action  of  any  person  in  service  not  to  be  coerced . . 

assessments  prohibited 

fund;  no  person  in  service  under  any  obligation  to  contribute 
to,  nor  shall  any  one  be  discharged;  promoted  or  reduced 
for  so  doing  or  refusing  to  do  so 

opinions  or  affiliations  not  to  be  questioned  or  to  affect  appli- 
cations, competition,  eligibility,  appointment,  promotion, 
reduction  or  removal 

PREFERENCE  in  appointment  and  promotion  given  to  soldiers, 
sailors  and  marines  of  the  civil  war;  and  refusal  to  grant 

the  same  is  a misdemeanor 

PROBATIONARY  TERM  — appointments  in  the  classified 
service  to  be  made  for 

veterans  excepted  from 

temporary  service  not  to  count  as  a part  of 

record  of  service  during  — to  be  kept 

PROFESSIONAL  positions  of  peculiar  character  may  be  filled 
without  examination 

PROMOTION  to  be  based  on  merit  and  competition 

positions  to  be  filled  by,  when  practicable 

defined 

increase  of  salary  beyond  that  of  grade  to  be  a 

not  to  be  made  from  one  group  or  class  to  another  unless 
specially  authorized 

persons  eligible  for 

when  examination  not  required  for 

records  of  actual  service  to  be  kept  for  purposes  of 

examinations  for 

is  not  to  be  affected  by  political  opinions  or  affiliations 

by  successive  grades 

PROVISIONAL  APPOINTMENTS,  pending  establishment  of 
eligible  lists 

PUBLIC  EMPLOYEE  — term  defined 

PUBLIC  OFFICERS  — term  defined 

duties  of  — regarding  the  Civil  Service  Law  and  Rules 

prohibited  from  using  the  service  as  a means  of  bribery  or 

reward 

all  — and  their  subordinates  to  afford  Commission  facilities 

in  its  inquiries 

PUBLIC  BUILDINGS,  see  “ Buildings,  Public.” 


Page. 

L.  § 25 16 

Rule  ii,  2 22 

L.  § 26 17 

L.  § 25 16 

Rule  ii,  6 23 

L.  § 25 16 

Rule  ii 22 

L.  § 21 14 

L.  § 9 7 

Rule  xii 49 

L.  § 9 7 

Rule  xii 49 

Rule  viii,  8 46 

Rule  xii,  2 49 

L.  § 15 11 

Rule  viii,  5 46 

L.  § 16 12 

L.  § 16 12 

Rule  xiv,  2 50 

Rule  xiv,  1 £0 

L.  § 16 12 

Rule  xiv,  1 50 

L.  § 16 12 

Rule  xiv,  3 51 

Rule  xiv,  5 51 

Rule  xiv,  5 51 

Rule  xiv,  7 52 

L.  § 25 16 

L.  § 45 19 

Rule  xiv,  4 51 

L.  § 15 11 

Rule  viii,  4 45 

L.  § 27 17 

L.  § 27 17 

L.  § 8 6 

Rule  ii,  1 22 

L.  § 27 17 

L.  § 7 6 


REAPPOINTMENT  at  the  end  of  a fixed  term 

after  separation  from  service 

to  competitive  class  after  service  in  exempt  or  non-com- 
petitive class 

REGULATIONS  FOR  STATE  SERVICE  — Commission  to 
make 

REGULATIONS,  GENERAL 


Rule  viii,  11 

Rule  xvi 

Rule  xvi,  4 

L.  §§  6,  10 5, 

Rule  xxiii 


46 

50 

54 

7 

62 

63 


84 


Page 


REINSTATEMENT  in  service  — not  to  be  made  from  one 

class  to  another  without  special  authoiity 

when  allowable 

to  competitive  position  after  service  in  exempt  or  non- 
competitive class 

certificate  for 

veterans  and  volunteer  firemen  to  be  preferred  for 

REMOVAL  from  service,  of  certain  classes  of  persons,  to  be 

made  only  for  cause  and  after  a hearing 

not  to  be  made  for  political  reasons 

when  made  by  abolition  of  position,  or  lack  of  appropriation 

name  to  be  entered  on  suspended  list 

REPEAL  of  prior  Civil  Service  Laws 

REPORT  of  Commission  to  be  made  to  Legislature  annually.  . 
RESIDENCE  AND  CITIZENSHIP,  of  applicants 


RESIGNATION  — reduction  of  compensation  of  persons 
entitled  to  preference  to  induce  resignation  is  a misdemeanor 
ROSTER,  OFFICIAL  — to  be  kept  by  all  civil  service  com- 
missions  

of  State  service,  how  kept 

RULES  of  all  civil  service  commissions  to  have  the  force  and 

eflect  of  law 

for  State  classified  service 

extended  to  service  of  counties 

SAILORS  of  civil  war  given  certain  preference 

of  civil  and  Spanish  wars  and  Philippine  insurrection  can  be 

removed  only  for  cause  after  a hearing 

to  be  transferred  when  position  is  abolished 

list  of  suspended  — to  be  kept 

SCIENTIFIC  POSITIONS  of  peculiar  character  may  be  filled 
without  examination 

SEASON  POSITIONS  defined,  and  appointment  regulated.  . . . 

SECRETARY  OF  COMMISSION  — how  appointed 

has  power  to  administer  oaths 

duties  of 

SECRETARIES  of  boards,  etc.,  in  State  service  in  exempt  class. 

SECURITY  by  bond  may  be  required  of  persons  appointed  to 
fiduciary  positions 

SERVICE,  CLASSIFIED,  positions  comprised  in 

divided  into  classes 

of  cities  — general  provisions  for 

rules  for  State  — to  be  prescribed 

no  appointments  to  — unless  in  accordance  with  law' 

SERVICE,  UNCLASSIFIED,  positions  comprised  in 

SOLDIERS  of  civil  war  given  certain  preference 

of  civil  and  Spanish  wars  and  Philippine  insurrection  to  be 

removed  only  for  cause  after  a hearing 

to  be  transferred  when  position  is  abolished 

list  of  suspended  — to  be  kept 

SPANISH  WAR  — soldiers,  sailors  and  marines  of,  to  be 

removed  only  for  cause  after  a hearing 

to  be  transferred  w'hen  position  is  abolished 


L.  § 16 12 

Rule  xvi 53 

Rule  xvi,  4 54 

Rule  xvii 54 

Rule  xvi,  2,  3 53 

L.  § 22 14 

L.  § 25 16 

Rule  ii,  2,  5 22 

Rule  xvi,  3 53 

L 19 

I,.  § 6 5 

Rule  iv,  5 24 

Rule  ix,  2 47 

Reg.  x 71 

L.  § 21 14 

L.  § 19 12 

Rule  xxi 59 

L.  § 6 5 

L.  §§  6,  9 5,  7 

Rule  xxiv 62 

L.  § 21 14 

L.  § 22 14 

L.  § 22 14 

Rule  xvi,  3 53 

L.  § 15. . 11 

Rule  viii,  5 46 

Rule  xiii 50 

L.  § 4 4 

L.  § 6 5 

Reg.  i 63 

L.  § 13 9 

Rule  v 24 

L.  § 14 11 

Rule  x,  8 48 

L.  § 9 7 

Rule  iii,  3 23 

L.  § 12 9 

Rule  iii,  3 23 

L.  § 11 7 

L.  § 10 7 

Rule  iv,  2 23 

L.  § 8 6 

Rule  iii,  2 23 

L.  § 21 14 

L.  § 22 14 

L.  § 22' 14 

Rule  xvi,  3 53 

L.  § 22 14 

L.  § 22 14 


85 


SUSPENDED  LISTS  to  be  kept 

TAXPAYER’S  action  to  restrain  payment  of  services  illegally 

rendered 

TRANSFERS  — under  what  conditions  to  be  made 

not  to  be  made  from  one  group  or  class  to  another  without 

special  authority 

certificates  for 

UNCLASSIFIED  SERVICE,  see  “ Service,  Unclassified.” 

VETERANS  — term  defined 

of  civil  war  — preference  granted  to 


of  civil  and  Spanish  wars  and  Philippine  insurrection  — re- 
moved only  under  certain  conditions 

to  be  transferred  when  position  is  abolished 

list  of  suspended  — to  be  kept 

compensation  of,  when  reinstated  by  order  of  the  court 

WITNESS  FEES  — amount  of,  and  how  to  be  paid 


Page. 


Rule  xvi,  3 53 

L.  § 28 18 

Rule  xv 52 

L.  § 16 12 

Rule  xvii 54 

Rule  i,  13 22 

L.  § 21 14 

Rule  xi,  1 49 

Rule  xvi,  2,  3 53 

L.  § 22 14 

L.  § 22 14 

Rule  xvi,  3 53 

L.  § 23 15 

L.  § 28 18 


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